February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199459 : February 08, 2012]
ROSARIO V. GONZALES v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK
G.R. No. 199459 (Rosario V. Gonzales v. Banco Filipino Savings and Mortgage Bank).
RESOLUTION
The Court, after a review of the records, resolves to DENY the petition for its failure to show that a reversible error was committed by the Court of Appeals in its Decision dated April 5, 2011 and Resolution dated November 22, 2011 in CA-G.R. CV 91090 when it affirmed the order of the trial court which granted the petition of respondent Banco Filipino Savings and Mortgage Bank for the issuance of a writ of possession in its favor.
Settled is the rule that a writ of possession will issue as a matter of course, even without the filing and approval of a bond, after consolidation of ownership and the issuance of a new Transfer Certificate of Title in the name of the purchaser. After the consolidation of title in the buyer's name for failure of the mortgagor to redeem, the writ of possession becomes a matter of right and the issuance of such writ of possession to a purchaser in an extrajudicial foreclosure is merely a ministerial function. The basis of this right to possession is the purchaser's ownership of the property.[1] Any and all questions regarding the regularity and validity of the sale is left to be determined in a subsequent proceeding and such questions may not be raised as a justification for opposing the issuance of a writ of possession.[2]
The Court likewise holds that the motion for intervention of petitioner Rosario V. Gonzales was properly denied. Given that the proceeding for a writ of possession, by the terms of Section 7 of Act 3135, is undoubtedly ex parte in nature,[3] Rosario clearly had no right to participate in the said proceeding.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] Equitable PCI Bank v. DNG Realty and Development Corporation, G.R. No. 168672, August 9, 2010, 627 SCRA 125, 135.[2] Espinoza v. United Overseas Bank Phils., G.R. No. 175380, March 22, 2010, 616 SCRA 353, 358.
[3] Metropolitan Bank & Trust Company v. Santos, G.R. No. 157867, December 15, 2009, 608 SCRA 222, 235.