This case has been cited 4 times or more.
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2013-04-03 |
PEREZ, J. |
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| A writ of possession is simply an order by which the sheriff is commanded by the court to place a person in possession of a real or personal property.[25] Under Section 7 of Act No. 3135, as amended, a writ of possession may be issued in favor of a purchaser in a foreclosure sale 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. Within the one-year redemption period, the purchaser may apply for a writ of possession by filing a petition in the form of an ex parte motion under oath,[26] in the registration or cadastral proceedings of the registered property.[27] The law requires only that the proper motion be filed, the bond approved and no third person is involved.[28] After the consolidation of title in the buyer's name for failure of the mortgagor to redeem the property, entitlement to the writ of possession becomes a matter of right.[29] In the latter case, the right of possession becomes absolute because the basis thereof is the purchaser's ownership of the property.[30] | |||||
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2013-04-03 |
PEREZ, J. |
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| A writ of possession is simply an order by which the sheriff is commanded by the court to place a person in possession of a real or personal property.[25] Under Section 7 of Act No. 3135, as amended, a writ of possession may be issued in favor of a purchaser in a foreclosure sale 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. Within the one-year redemption period, the purchaser may apply for a writ of possession by filing a petition in the form of an ex parte motion under oath,[26] in the registration or cadastral proceedings of the registered property.[27] The law requires only that the proper motion be filed, the bond approved and no third person is involved.[28] After the consolidation of title in the buyer's name for failure of the mortgagor to redeem the property, entitlement to the writ of possession becomes a matter of right.[29] In the latter case, the right of possession becomes absolute because the basis thereof is the purchaser's ownership of the property.[30] | |||||
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2010-11-22 |
NACHURA, J. |
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| It is a time-honored legal precept that after the consolidation of titles in the buyer's name, for failure of the mortgagor to redeem, entitlement to a writ of possession becomes a matter of right.[27] As the confirmed owner, the purchaser's right to possession becomes absolute.[28] There is even no need for him to post a bond,[29] and it is the ministerial duty of the courts to issue the same upon proper application and proof of title.[30] To accentuate the writ's ministerial character, the Court has consistently disallowed injunction to prohibit its issuance despite a pending action for annulment of mortgage or the foreclosure itself.[31] | |||||
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2010-07-26 |
PERALTA, J. |
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| The right of the purchaser to the possession of the foreclosed property becomes absolute upon the expiration of the redemption period.[27] The basis of this right to possession is the purchaser's ownership of the property.[28] After the consolidation of title in the buyer's name for failure of the mortgagor to redeem, the writ of possession becomes a matter of right and its issuance to a purchaser in an extrajudicial foreclosure is merely a ministerial function.[29] | |||||