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SPS. RUBEN SANTIAGO AND INOCENCIA SANTIAGO v. MERCHANTS RURAL BANK OF TALAVERA

This case has been cited 9 times or more.

	AM No. RTJ-09-2189 2011-01-18	VICTORIANO SY v. JUDGE OSCAR E. DINOPOL PER CURIAM
As the Court held in Santiago v. Merchants Rural Bank of Talavera, Inc.,[23] the proceeding in a petition for the issuance of a writ of possession is ex-parte and summary in nature. It is brought for the benefit of one party only and may be granted even without notice to the mortgagor, in this case, complainant Sy. Moreover, the duty of the court to grant a writ of possession is a ministerial function. The court does not exercise its official discretion or judgment.[24] Judge Dinopol, before whom the petition for the issuance of a writ of possession was filed, had no discretion on whether to issue the writ of possession or not. It cannot be said, therefore, that Judge Dinopol exposed himself or exhibited bias in favor of Metrobank when he issued the writ of possession.
	GR No. 168672 2010-08-08	EQUITABLE PCI BANK v. DNG REALTY PERALTA, J.
In Santiago v. Merchants Rural Bank of Talavera, Inc.,[16] we said that: Case law has it that after the consolidation of title in the name of the respondent as the buyer of the property, upon failure of the mortgagor to redeem the property, the writ of possession becomes a matter of right. Its issuance to the purchaser is merely a ministerial function. As such, the court neither exercises its discretion nor judgment. Indeed, in an avuncular case, we held that:
	GR No. 175380 2010-03-22	GREGORIO ESPINOZA v. UNITED OVERSEAS BANK PHILS. CORONA, J.
In Santiago v. Merchants Rural Bank of Talavera, Inc.,[7] we defined the nature of a petition for a writ of possession: The proceeding in a petition for a writ of possession is ex parte and summary in nature. It is a judicial proceeding brought for the benefit of one party only and without notice by the court to any person adverse of interest. It is a proceeding wherein relief is granted without giving the person against whom the relief is sought an opportunity to be heard.
	GR No. 157659 2010-01-25	ELIGIO P. MALLARI v. GOVERNMENT SERVICE INSURANCE SYSTEM BERSAMIN, J.
The proceeding upon an application for a writ of possession is ex parte and summary in nature, brought for the benefit of one party only and without notice being sent by the court to any person adverse in interest. The relief is granted even without giving an opportunity to be heard to the person against whom the relief is sought.[43]Its nature as an ex parte petition under Act No. 3135, as amended, renders the application for the issuance of a writ of possession a non-litigious proceeding.[44]
	GR No. 156421 2008-04-14	JOSE FERNADEZ v. SPS. GREGORIO ESPINOZA AND JOJI GADOR-ESPINOZA CHICO-NAZARIO, J.
Indeed, the proceeding in a petition for a writ of possession is ex parte and summary in nature. It is a judicial proceeding brought for the benefit of one party only and without notice by the court to any person adverse of interest. It is a proceeding wherein relief is granted without affording the person against whom the relief is sought the opportunity to be heard.[24] Hence, the RTC may grant the petition in the absence of the mortgagors, who are, in this case, the spouses Espinoza.
	GR NO. 159882 2007-11-23	SPS. RUBEN AND VIOLETA SAGUAN v. PHILIPPINE BANK OF COMMUNICATIONS NACHURA, J.
We emphasize that the proceeding in a petition for a writ of possession is ex-parte and summary in nature. It is a judicial proceeding brought for the benefit of one party only and without need of notice to any person claiming an adverse interest. It is a proceeding wherein relief is granted even without giving the person against whom the relief is sought an opportunity to be heard.[24] By its very nature, an ex-parte petition for issuance of a writ of possession is a non-litigious proceeding authorized under Act No. 3135, as amended.
	GR NO. 165963 2007-09-03	SPS. NORBERTO OLIVEROS AND ELVIRA OLIVEROS v. PRESIDING JUDGE CHICO-NAZARIO, J.
As to the nature of a petition for a writ of possession, it is well to state that the proceeding in a petition for a writ of possession is ex parte and summary in nature. It is a judicial proceeding brought for the benefit of one party only and without notice by the court to any person adverse of interest. It is a proceeding wherein relief is granted without giving the person against whom the relief is sought an opportunity to be heard.[20]
	GR NO. 163735 2006-11-24	GREEN ASIA CONSTRUCTION AND DEVELOPMENT CORPORATION AND SPS. RENATO AND DELIA LEGASPI v. CA QUISUMBING, J.
Clearly, the remedy of petitioners from the assailed Orders of the trial court was to file a petition to set aside the sale and cancel the writ of possession. Under the aforequoted provision, the aggrieved party may thereafter appeal from any disposition by the court on the matter.[16]
	GR NO. 157801 2005-06-08	PRIMETOWN PROPERTY GROUP v. LYNDON D. JUNTILLA CALLEJO, SR., J.
Third. The procedure in a motion for the issuance of a writ of possession is ex parte and summary in nature. It is a proceeding brought for the benefit of one party only and without notice by the court to any person adverse of interest. It is a proceeding wherein relief is granted without an opportunity for the person against whom the relief is sought to be heard.[32] The issuance of a writ of possession is not a judgment on the merits.[33] Thus, the HLURB may grant the motion even in the absence of the judgment obligor, herein petitioner.