ERLINDA VILLANUEVA VS.

ANGEL MALAYA
G.R. NO. 94617 (2000)
Facts: Xs property was levied on execution. X died. The property was sold in a public auction
sale to Z. Y, Xs successor-in-interest, promptly exercised her right of redemption. The RTC,
however, issued a writ of possession ex parte in the execution proceedings against Y and the
occupants of the property.
Issue: Whether the writ of possession is valid
Held: No. A writ of possession may issue against occupants of a property subject of execution
who derive their right of possession from the judgment debtor upon motion in the execution
proceedings and without need of a separate ejectment action, provided that the occupants are
afforded an opportunity to explain the nature of their possession, on which basis the writ of
possession will be denied or granted. In this case, the RTCs granting of the writ of possession
ex parte violates the occupants right to due process.