This case has been cited 2 times or more.
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2009-05-08 |
TINGA, J. |
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| In CA-G.R. SP No. 85870, the Court of Appeals promulgated the assailed Decision[14] dated 15 September 2006 granting PNA's petition for certiorari and setting aside the RTC's order for the issuance of the writ of possession. The appellate court relied on Philippine National Bank v. Court of Appeals[15] and Capital Credit Dimension, Inc. v. Chua[16] which both held that the obligation of a court to issue an ex parte writ of possession in favor of a purchaser in an extrajudicial foreclosure sale ceases to be ministerial once it appears that there is a third party in possession of the property who is claiming a right adverse to that of the debtor/mortgagor, and that the issuance of the writ of possession in such a case would be to sanction a summary ejectment in violation of the basic tenets of due process. The Court of Appeals thus held that the RTC should not just ignore PNA's claims but should allow their opposition to be heard in order to determine whether they are actual occupants of the subject property. The dispositive portion of the decision reads: | |||||