This case has been cited 4 times or more.
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2010-02-11 |
CARPIO, J. |
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| In Navarra v. Court of Appeals,[23] the purchaser at an extrajudicial foreclosure sale applied for a writ of possession after the lapse of the one-year redemption period. The Court ruled that the purchaser at an extrajudicial foreclosure sale has a right to the possession of the property even during the one-year redemption period provided the purchaser files an indemnity bond. After the lapse of the said period with no redemption having been made, that right becomes absolute and may be demanded by the purchaser even without the posting of a bond. Possession may then be obtained under a writ which may be applied for ex parte pursuant to Section 7 of Act No. 3135,[24] as amended by Act No. 4118,[25] thus: SEC. 7. In any sale made under the provisions of this Act, the purchaser may petition the Court of First Instance 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 x x x 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. (Emphasis supplied) | |||||
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2009-12-15 |
BRION, J. |
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| Based on this provision, a writ of possession may issue either (1) within the one year redemption period, upon the filing of a bond, or (2) after the lapse of the redemption period, without need of a bond.[13] In order to obtain a writ of possession, the purchaser in a foreclosure sale must file a petition, in the form of an ex parte motion, in the registration or cadastral proceedings of the registered property. The reason why this pleading, although denominated as a petition, is actually considered a motion is best explained in Sps. Arquiza v. CA,[14] where we said: The certification against forum shopping is required only in a complaint or other initiatory pleading. The ex parte petition for the issuance of a writ of possession filed by the respondent is not an initiatory pleading. Although the private respondent denominated its pleading as a petition, it is, nonetheless, a motion. What distinguishes a motion from a petition or other pleading is not its form or the title given by the party executing it, but rather its purpose. The office of a motion is not to initiate new litigation, but to bring a material but incidental matter arising in the progress of the case in which the motion is filed. A motion is not an independent right or remedy, but is confined to incidental matters in the progress of a cause. It relates to some question that is collateral to the main object of the action and is connected with and dependent upon the principal remedy. An application for a writ of possession is a mere incident in the registration proceeding. Hence, although it was denominated as a "petition," it was in substance merely a motion. Thus, the CA correctly made the following observations: | |||||
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2007-09-03 |
SANDOVAL-GUTIERREZ, J. |
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| In Navarra v. Court of Appeals,[6] we ruled that the purchaser at an extrajudicial foreclosure sale has a right to the possession of the property even during the one-year period of redemption provided that he files an indemnity bond. After the lapse of said period with no redemption having been made, the right becomes absolute and may be demanded without the posting of a bond. Then in Vaca v. Court of Appeals,[7] we reaffirmed our ruling in Navarra. | |||||
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2000-06-08 |
QUISUMBING, J. |
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| The present case falls under the third instance. Under Sec. 7 of Act 3135 as amended by Act 4118, a writ of possession may be issued either (1) within the one year redemption period, upon the filing of a bond, or (2) after the lapse of the redemption period, without need of a bond.[12] Sec. 7 of Act 3135, as amended by Act 4118, provides - | |||||