Producers Bank v.

Excelsa Industries

Facts:
1.this involved the consolidation of A.action for the annulment of extrajudicial
foreclosure of mortgage filed by Excelsa; and B. Producers Bank petition for the
issuance of a writ of possession.
2. Excelsa obtained a loan from Producers and a secured credit accomodation
amounting to P200,000 secured by a real estate mortgage over the properties
registered in its name.
3.Later on, Excelsa had a packing credit line or a credit export advance with
Producers Bank supported by a letter of credit.
4.When the Producers Bank purchased the draft and export documents upon
presentment by Excelsa, the korean buyer, to whom the document was presented for
payment, refused to pay together with irs due and unpaid loans.
5. When Excelsa failed to pay upon demand, Producers moved for the extrajudicial
foreclosure of thr real estate mortgage.
6. Excelsa instituted for the annulment of the said foreclosure which was filed in
Branch 73 of the RTC of Antipolo, Rizal. Then, Producers Bank filed a petition for
the issuance of a writ of possession in the same court.
7.Thereafter, the RTC ordered the consolidation of the two cases.
8.Decision of the RTC: Ruled in favor of Prodcuers Bank upholding the validity of
the foreclosure and order of the issuance of writ of possession.
After the decision of the rtc, Excelsa availed of two remedies a. an appeal; and b.
petition for certiorari.Treating the cases separately.
9. Decision of the CA: Ruled in favor of Excelsa and reversed the RTC's decision.
10. Excelsa's contention: That the RTC's decision which is actually a joint decision on
the two consolidated cases subject of the separate actions.

Issue:

Whether or not CA erred in reversing the RTC's decision by upholding Excelsa's

contention.

Held: SC ruled in favor of Producers Bank

Ratio:
1. Excelsa committed a procedural blunder when it filed a separate petition for
certiorari because when the two csses were consolidated and a joint decision was
rendered, the cases lost their identities;
And a petition for certiorai is not the proper remedy to assail a decision granting the
issuance of a writ of possession.

2. With regard to the joint decision of the RTC on the consolidated cases of the
foreclosure and the writ possession, the two cases caesed to be separate and the
parties are left with a single remedy to elevate the issues to the CA. Thereby,
disposing of the said two cases.