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Cardinal V Asset
Cardinal V Asset
Cardinal V Asset
During the course of the proceedings, Cardinal and Marual filed with
the RTC a Compromise Agreement, declaring that they have
amicably settled their controversy under the following terms and
conditions:
(c) On March 4, 1997, Asset filed with the RTC Manila, an action
for mandamus to redeem the condominium units against the
bank. The RTC then issued a writ of preliminary injunction enjoining
the bank from consolidating in its name the titles or taking possession
of the units, or otherwise disposing of them until further orders from
the court.
Because of this, petitioner filed with the RTC, in the same case for sum
of money, a Motion for Possession of the units. The RTC issued an
Order granting the motion and directing the issuance of the
writ of possession.
Aggrieved, Asset filed with the CA a Petition for Certiorari, alleging that
the RTC Judge acted with grave abuse of discretion amounting to
lack or excess of jurisdiction in issuing the Order and the writ
of possession which are in variance with the compromise
judgment and the corresponding writ of execution in Civil Case
No. 95-74919.
CA Granted this and nullified the RTC Order:
Since the case at bar does not fall under any of these four instances
and, in any event, since it is not claimed that the judgment based on a
compromise contemplated the issuance of a writ of possession to Asset
of the condominium units in case Marual, from whom Cardinal claims
to have purchased the same, failed to comply with his obligation under
said judgment based on a compromise, then public respondent's
assailed Order directing the issuance of a writ of possession was issued
with grave abuse of discretion.
Issues:
1. Who has a better lien over the condominium units? - Respondent
2. W/N the issuance of the writ of possession was valid No
(CIVPRO ISSUE)
Held:
1. Condominium Act (R.A. No. 4726); Liens; In order to have a notice of
assessment to be considered a lien on a condominium unit, the same
must be registered in the Registry of Deeds- The respondent has a
superior lien pursuant to the Condominium Act. Section 20 of R.A. No.
4726 (Condominium Act), provides: (LONG CODAL)