This case has been cited 2 times or more.
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2008-10-15 |
AZCUNA, J. |
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| WHEREFORE, after examining all the documents submitted before this Court and pursuant to the provisions of Section 7, Act. 3135, as amended, let a writ of possession over a parcel of land covered by Transfer Certificate of Title No. T-297416 (M) (formerly TCT No. T-114481 (M)) of the Registry of Deeds of Bulacan, Meycauayan Branch be issued against respondent Cecilia S. Baldueza and all occupants, tenants and other persons claiming to have rights and interest under her to vacate immediately the premises and ordering the Deputy Sheriff of this Court to execute said Writ and place petitioner Bank in possession thereof.[2] The RTC held that under Sec. 7 of Act No. 3135, as amended by Act No. 4118,[3] the purchaser is entitled to the possession of the property during the redemption period, provided that a proper motion has been filed, a bond approved and no third person is involved. It cited Vda. de Zaballero v. Court of Appeals[4] which held that after the expiration of the redemption period, a purchaser can demand possession of the land without posting a bond, and upon proper application and proof of title, the issuance of a writ of possession becomes a ministerial duty of the court. | |||||
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2003-08-15 |
YNARES-SANTIAGO, J. |
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| A writ of possession may also be issued after consolidation of ownership of the property in the name of the purchaser. It is settled that the buyer in a foreclosure sale becomes the absolute owner of the property purchased if it is not redeemed during the period of one year after the registration of sale. As such, he is entitled to the possession of the property and can demand it at any time following the consolidation of ownership in his name and the issuance to him of a new transfer certificate of title. In such a case, the bond required in Section 7 of Act No. 3135 is no longer necessary. Possession of the land then becomes an absolute right of the purchaser as confirmed owner. Upon proper application and proof of title, the issuance of the writ of possession becomes a ministerial duty of the court.[13] Thus:As the purchaser of the properties in the extra-judicial foreclosure sale, the PNCB is entitled to a writ of possession therefor. The law on extra-judicial foreclosure of mortgage provides that a purchaser in an extra-judicial foreclosure sale may take possession of the foreclosed property even before the expiration of the redemption period, provided he furnishes the necessary bond. Possession of the property may be obtained by filing an ex parte motion with the regional trial court of the province or place where the property or part thereof is situated. Upon filing of the motion and the required bond, it becomes a ministerial duty of the court to order the issuance of a writ of possession in favor of the purchaser. After the expiration of the one-year period without redemption being effected by the property owner, the right of the purchaser to the possession of the foreclosed property becomes absolute. The basis of this right to possession is the purchaser's ownership of the property. Mere filing of an ex parte motion for the issuance of the writ of possession would suffice, and no bond is required.[14] In the case at bar, petitioner sufficiently established its right to the writ of possession. More specifically, it presented as documentary exhibits the Certificate of Sale,[15] the annotations thereof at the back of respondents' titles,[16] the Affidavit of Consolidation proving that respondents failed to redeem the properties within the one-year redemption period,[17] the titles issued in the name of petitioner,[18] and petitioner's demand on respondents to vacate the properties.[19] | |||||