This case has been cited 1 times or more.
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2015-11-09 |
JARDELEZA, J. |
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| In Mallari v. Banco Filipino Savings and Mortgage Bank,[62] we ruled that it is the ministerial duty of the trial court to issue a writ of possession in favor of the purchaser who has already consolidated its title. After the consolidation of title in the buyer's name for failure of the mortgagor to redeem the property, the writ of possession becomes a matter of right. Its issuance to a purchaser in an extrajudicial foreclosure sale is merely a ministerial function. The trial court has no discretion on this matter. Hence, any assertion of discretion in connection with such issuance is misplaced, and a petition for certiorari is not a proper remedy.[63] The order for the issuance of a writ of possession being final, it is a proper subject for appeal. | |||||