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LZK HOLDINGS v. PLANTERS DEVELOPMENT BANK

This case has been cited 4 times or more.

2014-07-28
PERALTA, J.
A writ of possession is a writ of execution employed to enforce a judgment to recover the possession of land.[14] It commands the sheriff to enter the land and give its possession to the party entitled under the judgment. Under Sections 6 and 7 of Act 3135,[15] as amended by Act 4118,[16] a writ of possession may be issued in favor of a purchaser in a foreclosure sale of a real estate mortgage 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.[17]
2014-01-20
REYES, J.
Moreover, the authority relied upon by LZK Holdings defeats rather than support its position.  The ruling in PNB[21] echoes the very same rationale of the judgment in G.R. No. 167998 that is  the purchaser in foreclosure sale may take possession of the property even before the expiration of the redemption period by filing an ex parte motion for such purpose and upon posting of the necessary bond.[22]
2008-10-15
AZCUNA, J.
The Court upholds the decision of the Court of Appeals as respondent bank is entitled to possession of the subject property. In several cases, this Court has held:[8]