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A.G. DEVELOPMENT CORPORATION v. CA

This case has been cited 5 times or more.

	GR NO. 155698 2006-01-31	PHILIPPINE NATIONAL OIL COMPANY v. NATIONAL COLLEGE OF BUSINESS QUISUMBING, J.
An order issuing a writ of possession is an order where the sheriff is commanded to place a person in possession of a real or personal property. To a purchaser in an auction sale, be it foreclosure or execution, a writ of possession is merely a ministerial function.[23] In it the Court neither exercises its official discretion nor judgment. Being a ministerial function and summary in nature, it is not a judgment on the merits, but simply an incident in the transfer of title. Hence, under such circumstances, a separate case for annulment of the sale cannot be barred by res judicata.[24]
	GR NO. 157801 2005-06-08	PRIMETOWN PROPERTY GROUP v. LYNDON D. JUNTILLA CALLEJO, SR., J.
Third. The procedure in a motion for the issuance of a writ of possession is ex parte and summary in nature. It is a proceeding brought for the benefit of one party only and without notice by the court to any person adverse of interest. It is a proceeding wherein relief is granted without an opportunity for the person against whom the relief is sought to be heard.[32] The issuance of a writ of possession is not a judgment on the merits.[33] Thus, the HLURB may grant the motion even in the absence of the judgment obligor, herein petitioner.
	GR NO. 145441 2005-04-26	PHILIPPINE SAVINGS BANK v. SPS. RODOLFO C. MAÑALAC YNARES-SANTIAGO, J.
d.] AWARDED MORAL DAMAGES IN FAVOR OF RESPONDENTS.[17] Petitioner claims that the Court of Appeals erred in sustaining the trial court's order consolidating Civil Case No. 53967 with LRC Case No. R-3951, arguing that consolidation is proper only when it involves actions, which means an ordinary suit in a court of justice by which one party prosecutes another for the enforcement or protection of a right, or a prevention of a wrong. Citing A.G. Development Corp. v. Court of Appeals,[18] petitioner posits that LRC Case No. R-3951, being summary in nature and not being an action within the contemplation of the Rules of Court, should not have been consolidated with Civil Case No. 53967.
	GR No. 151941 2003-08-15	CHAILEASE FINANCE v. SPS. ROMEO I. MA AND MARIAFE L. MA YNARES-SANTIAGO, J.
A writ of possession is generally understood to be an order whereby the sheriff is commanded to place a person in possession of a real or personal property, such as when a property is extrajudicially foreclosed.[8] In cases of extrajudicial foreclosure sales of real estate mortgage, the issuance of a writ of possession is governed by Section 7 of Act No. 3135, which provides:Sec. 7. In any sale made under the provisions of this Act, the purchaser may petition the [Regional Trial Court] of the province or place where the property or any part thereof is situated, to give him possession thereof during the redemption period, furnishing bond in an amount equivalent to the use of the property for a period of twelve months, to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act. Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered, or in special proceedings in the case of property registered under the Mortgage Law or under section one hundred and ninety-four of the Administrative Code, or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law, and in each case the clerk of the court shall, upon the filing of such petition, collect the fees specified in paragraph eleven of section one hundred and fourteen of Act Numbered Twenty-eight hundred and sixty-six, and the court shall, upon approval of the bond, order that a writ of possession issue, addressed to the sheriff of the province in which the property is situated, who shall execute said order immediately. The above provision explicitly authorizes the purchaser in a foreclosure sale to apply for a writ of possession during the redemption period by filing an ex parte motion under oath for that purpose in the corresponding registration or cadastral proceeding in the case of property with Torrens title. Upon the filing of such motion and the approval of the corresponding bond, the law also in express terms directs the court to issue the order for a writ of possession.[9]