This case has been cited 1 times or more.
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2006-07-31 |
CHICO-NAZARIO, J. |
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| In the case under consideration, petitioners allegedly filed with the trial court an "Urgent Motion to Suspend Auction Sale on the Property of Defendants under TCT No. 83104 located at Sunville Subdivision, Quezon City" which was dated 12 September 2000. The said motion was filed before 19 September 2000, the scheduled date for the sale of the subject property at public auction. The records of the case, however, do not disclose that petitioners in the said motion set up and proved that the property to be sold was their family home. In any event, said motion was treated by the trial court as a mere scrap of paper presumably on the ground that such motion did not contain a notice of hearing.[11] As we have repeatedly held, a motion that does not contain a notice of hearing is a mere scrap of paper, it presents no question which merits the attention of the court.[12] Being a mere scrap of paper, the trial court had no alternative but to disregard it.[13] Such being the case, it was as if no opposition to the auction sale was filed. | |||||