HH & CO. AGRICULTURAL CORPORATION v.

ADRIANO PERLAS

G.R. No. 217095, 12 February 2020, SECOND DIVISION (Inting, J.)

DOCTRINE OF THE CASE

It is already a settled rule that a buyer in a foreclosure sale becomes the

absolute owner of the property if no redemption is made within one year from the

registration of the sale. Being the absolute owner, he is entitled to all the rights of

ownership over the property including the right of possession.

The duty of the court to issue a writ of possession is ministerial and may not be

stayed by a pending action for annulment of the mortgage or the foreclosure itself. The

only exception is when a third party is actually holding the property by adverse title or

right.

FACTS

A lot located in Cadiz City was the subject of the extrajudicial foreclosure

instituted by HH & Co. Agricultural Corporation. During the bidding, it was the latter who

emerged as the higher bidder, which resulted to the issuance of a certificate of sale in

1994.

In 2000, the corporation caused the annotation of the certificate of sale and then

in 2008 filed an application for Writ of Possession, which was granted. Later, a Motion

to Quash Writ of Possession was filed by Perlas. He claimed that he and his siblings

previously filed a case for annulment of sake, recovery of possession, and cancellation

of title over the subject property and it is still pending appeal with the Court of Appeals
(CA). He also confirmed that they have filed a complaint for nullity of mortgage before.

He prayed for the RTC to reconsider the Order that granted the application for the

issuance of a Writ of Possession and direct quashal of the issued writ of possession.

RTC ruled to set aside the writ of possession granted to HH & Co. Agricultural

Corporation. It was based on the virtue of the preliminary injunction that created a legal

impediment for the corporation to exercise its right to possess the property.

Aggrieved, a petition for certiorari was filed to the CA which was eventually

denied. It ruled that the corporation did not have the requirements to make the issuance

of a writ of possession a ministerial duty of the court. A proof of title is a condition sine

qua non for the issuance of writ of possession ministerial to the court. A motion for

reconsideration was filed but was also denied. Hence, this petition.

ISSUE

Was it ministerial to the court to issue a writ of possession when the redemption

period had already expired?

RULING

YES. It is already a settled rule that a buyer in a foreclosure sale becomes the

absolute owner of the property if no redemption is made within one year from the

registration of the sale. Being the absolute owner, he is entitled to all the rights of

ownership over the property including the right of possession. Indeed, the buyer can

demand possession of the land even during the redemption period except that he has to

post a bond pursuant to Section 7 of Act No. 3135, as amended. The bond is no longer

required after the redemption period if the property is not redeemed. Further, a writ of
possession may be issued in favor of the successful buyer in a foreclosure sale of REM

either (1) within the one-year redemption period, upon the filing of a bond by the buyer;

or (2) after the redemption period, with no bond required.

The duty of the court to issue a writ of possession is ministerial and may not be

stayed by a pending action for annulment of the mortgage or the foreclosure itself. The

only exception is when a third party is actually holding the property by adverse title or

right. To be considered in adverse possession, the third party possessor must have

done so in his own right and not as a mere successor or transferee of the debtor or

mortgagor. In this case, Perlas, as heir of the mortgagor, is not a third party as

contemplated under the exception.