This case has been cited 2 times or more.
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2014-08-26 |
PERALTA, J. |
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| In GC Dalton Industries, Inc. v. Equitable PCI Bank,[31] the Court held that the issuance of a writ of possession to a purchaser in an extrajudicial foreclosure is summary and ministerial in nature as such proceeding is merely an incident in the transfer of title. Also, in China Banking Corporation v. Ordinario,[32] we held that under Section 7 of Act No. 3135, the purchaser in a foreclosure sale is entitled to possession of the property. | |||||
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2010-11-17 |
BRION, J. |
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| Thus, in Philippine National Bank v. Adil,[56] we emphatically ruled that "once the writ of possession has been issued, the trial court has no alternative but to enforce the writ without delay." The issuance of a writ of possession to a purchaser in an extrajudicial foreclosure is summary and ministerial in nature as such proceeding is merely an incident in the transfer of title. The trial court does not exercise discretion in the issuance thereof;[57] it must grant the issuance of the writ upon compliance with the requirements set forth by law, and the provincial sheriff is likewise mandated to implement the writ immediately. | |||||