Professional Documents
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Marquez vs. Alindog
Marquez vs. Alindog
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* SECOND DIVISION.
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PERLASBERNABE,J.:
Assailed in this petition for review on certiorari[1] are
the Decision[2] dated February 29, 2008 and Resolution[3]
dated August 6, 2008 of the Court of Appeals (CA) in CA
G.R. SP No. 97744 finding no grave abuse of discretion on
the part of the Regional Trial Court of Tagaytay City,
Branch 18 (RTC) in issuing the Orders dated November 14,
2005[4] and January 17, 2007[5] in SCA No. TG052521.
Based on these orders, a writ of preliminary injunction was
issued against petitionersspouses Nicasio C. Marquez and
Anita J. Marquez (Sps. Marquez), enjoining them from
taking possession of the property subject of this case
despite the consolidation of their title over the same.
The Facts
Records show that sometime in June 1998, petitioner
Anita J. Marquez (Anita) extended a loan in the amount of
P500,000.00 to a certain Benjamin Gutierrez (Gutierrez).
As security therefor, Gutierrez executed a Deed of Real
Estate Mortgage[6] dated June 16, 1998 over a parcel of
land located in Tagaytay City with an area of 660 square
meters, more or less, covered by Transfer Certificate of
Title (TCT) No. T13443[7] (subject property), registered
under the name of Benjamin A. Gutierrez, married to
Liwanag Camerin (Sps. Gutiererez). The mortgage was
duly annotated on the dorsal
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[1] Rollo, pp. 1032.
[2]Id., at pp. 3541. Penned by Associate Justice Japar B. Dimaampao,
with Associate Justices Mario L. Guaria III and Sixto C. Marella, Jr.,
concurring.
[3] Id., at pp. 4243.
[4] Id., at pp. 6970. Penned by Presiding Judge Edwin G. Larida, Jr.
[5] Id., at pp. 7172.
[6] Id., at pp. 7677.
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91.
[14] Id., at pp. 3637.
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purchaser may petition the Court of First Instance of the province or place
where the property or any part thereof is situated, to give him possession
thereof during the redemption period, furnishing bond in an amount
equivalent to the use of the property for a period of twelve months, to
indemnify the debtor in case it be shown that the sale was made without
violating the mortgage or without complying with the requirements of this
Act. Such petition shall be made under oath and filed in form of an ex
parte motion in the registration or cadastral proceedings if the property is
registered, or in special proceedings in the case of property registered
under the Mortgage Law or under section one hundred and ninetyfour of
the Administrative Code, or of any other real property encumbered with a
mortgage duly registered in the office of any register of deeds in
accordance with any existing law, and in each case the clerk of the court
shall, upon the filing of such petition, collect the fees specified in
paragraph eleven of section one hundred and fourteen of Act Numbered
Four hundred and ninetysix, as amended by Act Numbered Twentyeight
hundred and sixtysix, and the court shall, upon approval of the bond,
order that a writ of possession issue, addressed to the sheriff of the
province in which the property is situated, who shall execute said order
immediately.
[29] Sec. 8.The debtor may, in the proceedings in which possession
was requested, but not later than thirty days after the purchaser was
given possession, petition that the sale be set aside and the writ of
possession cancelled, specifying the damages suffered by him, because the
mortgage was not violated or the sale was not made in accordance with
the provisions hereof, and the court shall take cognizance of this petition
in accordance with the summary procedure provided for in section one
hundred and twelve of Act Numbered Four hundred and ninetysix and if
it finds the complaint of
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The CA Ruling
In a Decision[35] dated February 29, 2008, the CA denied
Sps. Marquezs petition as it found no grave abuse of
discretion on the RTCs part when it issued the injunctive
writ that en
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the debtor justified, it shall dispose in his favor of all or part of the
bond furnished by the person who obtained possession. Either of the
parties may appeal from the order of the judge in accordance with section
fourteen of Act Numbered Four hundred and ninetysix but the order of
possession shall continue in effect during the pendency of the appeal.
[30] Entitled AN ACT TO REGULATE THE SALE
OF
TO
TO
OF
AND
PROPERTY UNDER
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625626 (1954), and IFC Service Leasing and Acceptance Corporation v. Nera, 125
Phil. 595 19 SCRA 181 (1967).
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interest and claim of the judgment obligor to the property as of the time of
the levy. The possession of the property shall be given to the purchaser or
last redemptioner by the same officer unless a third party is actually
holding the property adversely to the judgment obligor. (Emphasis
supplied)
[46] G.R. No. 200667, March 11, 2013, 693 SCRA 110.
[47] Id., at p. 115, citing supra note 41, at pp. 473474 emphases
supplied.
[48] G.R. No. 177881, October 13, 2010, 633 SCRA 173.
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202202, March 19, 2013, 693 SCRA 574, 599600, citing Fernandez v.
Commission on Elections, 535 Phil. 122 504 SCRA 116 (2006).
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