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GR 190078

GR 190078

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Published by Angelica Rojas

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Published by: Angelica Rojas on Oct 02, 2010
Copyright:Attribution Non-commercial


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 G.R. No. 190078March 5, 2010SPOUSES NORMAN K. CERTEZA, JR. and MA. ROSANILA V. CERTEZA, AND AMADAP. VILLAMAYOR and HERMINIO VILLAMAYOR, JR., Petitioners,vs.PHILIPPINE SAVINGS BANK, Respondent.FACTS:Petitioners obtained a P1,255,000.00 loan from respondent Philippine Savings Bank (PS Bank),secured by two parcels of land, with all the buildings and improvements existing thereon,covered by Transfer Certificate of Title Nos. N-208706 and N-208770. The Failure to pay theobligation by the petitioners lead to an auction for Extrajudicial Foreclosure of the Real EstateMortgage in pursuant to Act No. 3135 that was instituted on March 8, 2002. The PS Bank emerged as the sole and highest bidder during the auction which was conducted on February 18,2003.PS Bank filed an Ex-parte Petition for Writ of Possession with the Regional Trial Court (RTC) of Quezon City, which was granted in an Order dated September 21, 2004.On January 20, 2005, petitioners filed an Omnibus Motion for Leave to Intervene and to StayIssuance or Implementation of Writ of Possession, attaching therein their Petition-in-Intervention pursuant to Sec. 8 of Act No. 3135. They sought the nullification of the extrajudicial foreclosuresale for allegedly having violated the rights of the petitioners to a due process in conducting thesaid foreclosure.PS Bank opposed the motion citing Manalo v. Court of Appeals12 where we held that "(T)heissuance of an order granting the writ of possession is in essence a rendition of judgment withinthe purview of Section 2, Rule 19 of the Rules of Court." PS Bank also argued that with theissuance of the trial court¶sOn March 2005, The RTC of Quezon City, Branch 217, issued an Order denying the motion for intervention and to stay the implementation of the writ, to wit. Petitioners filed a motion for reconsideration but the motion was denied in the Order dated May 9, 2005.Petitioners filed a Petition for 
with the Court of Appeals (CA) on June 8, 2005imputing grave abuse of discretion amounting to lack or excess of jurisdiction on the part of thetrial court in denying their motion to intervene and to stay the implementation of the writ. TheCA denied the petition for certiorari based on the findings: (1) the issuance of a writ o possession is a ministerial function; (2) there was no irregularity in the foreclosure sale; (3) thedenial of the motion to intervene is proper; and (4)
is not the proper remedy.
The CAaffirmed the orders of the RTC dated March 3 2005 and May9, 2005.Petitioners filed a timely Motion for Reconsideration, which was denied by the CA in itsResolution dated October 20, 2009.

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