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BANK OF PHIL IPPINE ISLANDS v. SPS. HOMOBONO AND LUZDELDIA TARAMPI

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GR No. 191540
2015-01-21
SPS. JOSE O. GATUSLAO v. LEO RAY V. YANSON
DEL CASTILLO, J.
This is in line with the ministerial character of the possessory writ. Thus, in Bank of the Philippine Islands v. Tarampi,[28] it was held: To stress the ministerial character of the writ of possession, the Court has disallowed injunction to prohibit its issuance, just as it has held that its issuance may not be stayed by a pending action for annulment of mortgage or the foreclosure itself.