This case has been cited 1 times or more.
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2015-01-14 |
PERLAS-BERNABE, J. |
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| A writ of possession is defined as a "writ of execution employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give its possession to the person entitled under the judgment."[50] It may be issued under the following instances: (a) land registration proceedings under Section 17[51] of Act No. 496,[52] otherwise known as "The Land Registration Act;" (b) judicial foreclosure, provided the debtor is in possession of the mortgaged realty and no third person, not a party to the foreclosure suit, had intervened; (c) extrajudicial foreclosure of a real estate mortgage under Section 7[53] of Act No. 3135,[54] as amended by Act No. 4118;[55] and (d) in execution sales.[56] Proceeding therefrom, the issuance of a writ of possession is only proper in order to execute judgments ordering the delivery of specific properties to a litigant, in accordance with Section 10, Rule 39,[57] of the Rules of Court. | |||||