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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2006 Jurisprudence                 

  • A.C. No. 6266 - ESTELA ANASTACIO-BRIONES vs ATTY. ALFREDO A. ZAPANTA

  • A.C. No. 7123 - MARIA DIVINA CRUZ-VILLANUEVA vs ATTY. CARLOS P. RIVERA, ET AL.

  • A.C. No. 7214 - AILEEN A. FERANCULLO vs ATTY. SANCHO M. FERANCULLO, JR.

  • A.C. No. 6266 - ESTELA ANASTACIO-BRIONES vs ATTY. ALFREDO A. ZAPANTA

  • A.C. No. 7123 - MARIA DIVINA CRUZ-VILLANUEVA vs ATTY. CARLOS P. RIVERA, ET AL.

  • A.C. No. 7214 - AILEEN A. FERANCULLO vs ATTY. SANCHO M. FERANCULLO, JR.

  • A.C. No. 6266 - ESTELA ANASTACIO-BRIONES vs ATTY. ALFREDO A. ZAPANTA

  • A.C. No. 7123 - MARIA DIVINA CRUZ-VILLANUEVA vs ATTY. CARLOS P. RIVERA, ET AL.

  • A.C. No. 7214 - AILEEN A. FERANCULLO vs ATTY. SANCHO M. FERANCULLO, JR.

  • Adm. Case No. 7252 - CBD 05-1434 - JOHNNY NG vs ATTY. BENJAMIN C. ALAR

  • A.C. No. 7280 - DAHLIA S. GACIAS vs ATTY. ALEXANDER BULAUITAN

  • A.M. No. 06-4-219-RTC - RE: REPORT ON THE JUDICIAL AUDIT AND PHYSICAL INVENTORY

  • A.M. No. 2004-15-SC - PROSECUTOR AGAPITO B. ROSALES vs ENGR. CELERINO BUENAVENTURA

  • A.M. No. 2005-26-SC - RE: LOST CHECKS ISSUED TO THE LATE RODERICK ROY P. MELLIZA, ETC.

  • A.M. No. MTJ-03-1503 - NATIONAL BUREAU OF INVESTIGATION vs JUDGE LUISITO T. ADAOAG

  • A.M. No. MTJ-06-1660 - Formerly A.M. No. OCA IPI 04-1519-MTJ - SPOUSES TREFIL AND LINA A. UMALE vs JUDGE NICOLAS V. FADUL, JR.

  • A.M. No. P-03-1731 - PNB MANAGEMENT AND DEVELOPMENT CORPORATION vs CARMELO CACHERO

  • A.M. No. P-03-1737 - Formerly OCA IPI No. 01-1250-P - NICOLAS PACLIBAR vs RENAN V. PAMPOSA

  • A.M. No. P-05-2092 - ATTY. PERFECTO A.S. LAGUIO, JR. vs MILA AMANTE-CASICAS

  • A.M. No. P-05-1979 - JUDGE LEONARDO P. CARREON vs ERIC ANTHONY S. ORTEGA

  • A.M. No. P-06-2109 - LIGAYA V. REYES vs MARIO PABLICO

  • A.M. No. P-06-2204 - NYDIA S. SERVINO vs MA. MAWILYNN CONCEPCION B. ADOLFO

  • A.M. No. P-06-2266 - ENCARNACION FLORES vs ROMEO S. GATCHECO, JR.

  • A.M. No. P-06-2257 - SPS. ARTHUR and LEONORA STILGROVE vs ERIBERTO R. SABAS, ET AL.

  • A.M. No. P-06-2268 - BIENVENIDO L. PUNZALAN vs RUMEL M. MACALISANG

  • A.M. No. RTJ-05-1901 - FORTUNE LIFE INSURANCE, COMPANY, INC. vs JUDGE JIMMY H. F. LUCZON, JR.

  • A.M. No. RTJ-06-2002 - ROCKLAND CONSTRUCTION CO., INC. vs JUDGE MARIANO M. SINGZON, JR.

  • G.R. No. 74269 & 92137 - SOLID HOMES, INC., ET AL. vs HON. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 127636 - E. ROMMEL REALTY AND DEVELOPMENT CORPORATION, ET AL. vs STA. LUCIA REALTY DEVELOPMENT CORPORATION

  • G.R. No. 126890 - UNITED PLANTERS SUGAR MILLING COMPANY, INC. vs COURT OF APPEALS, ET AL.

  • G.R. No. 129820 - PNOC-ENERGY DEVELOPMENT CORPORATION vs EMILIANO G. VENERACION, JR.

  • G.R. No. 132834 - RUPERTO LUCERO, JR., ET AL. vs CITY GOVERNMENT OF PASIG

  • G.R. No. 135817 - REYNALDO RODRIGUEZ, ET AL. vs CONCORDIA ONG LIM, ET AL.

  • G.R. NOS. 140371-72 - DY YIENG SEANGIO, ET AL. vs AMOR A. REYES, ET AL.

  • G.R. No. 140833 - LACEPI T. MAGNANAO vs PEOPLE OF THE PHILIPPINES

  • G.R. No. 141480 - CARLOS B. DE GUZMAN vs TOYOTA CUBAO, INC.

  • G.R. No. 142351 - ST. MARTIN FUNERAL HOMES vs NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 143219 - ASIAN TERMINALS, INC. vs RENATO P. VILLANUEVA, ET AL.

  • G.R. No. 143382 - SECURITY BANK and TRUST COMPANY vs MAR TIERRA CORPORATION, ET AL.

  • G.R. No. 144062 - THE BASES CONVERSION AND DEVELOPMENT AUTHORITY, ET AL. vs ELPIDIO UY

  • G.R. No. 146707 - ERNESTO DUMLAO, JR., ET AL. vs RODOLFO PONFERRADA, ET AL.

  • G.R. No. 148090 - STRONGHOLD INSURANCE COMPANY, INC. vs NEMESIO S. FELIX, ET AL.

  • G.R. No. 148490 - 7K CORPORATION vs NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. NOS. 148500-01 - TIMES TRANSPORTATION CO. INC. vs NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. NOS. 148839-40 - NAGKAHIUSANG MAMUMUO SA PICOP RESOURCES, INC. - SOUTHERN PHILIPPINES FEDERATION OF LABOR (NAMAPRI - SPFL), ET AL. vs COURT OF APPEALS, ET AL.

  • G.R. No. 148971 - ALBERTO GARONG vs PEOPLE OF THE PHILIPPINES

  • G.R. No. 149633 - EXECUTIVE DIRECTOR GABRIEL S. CASAL, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 149748 - JANG LIM, ET AL vs COURT OF APPEALS, ET AL.

  • G.R. No. 149753 - Miguel Cosme, Jr. v. People of the Philippines

  • G.R. NO. 149764 - PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORPORATION vs ENRIQUE GUTIERREZ, ET AL.

  • G.R. No. 150253 - DAVAO LIGHT AND POWER CORPORATION, INC. vs ANTONIO G. DIAZ, ET AL.

  • G.R. No. 150402 - EPARWA SECURITY AND JANITORIAL SERVICES, INC. vs LICEO DE CAGAYAN UNIVERSITY

  • G.R. No. 152258 - ROGELIO P. ANTALAN vs ANIANO DESIERTO

  • G.R. No. 152984 - WILLIAM G. KWONG vs ATTY. RAMON GARGANTOS, ET AL.

  • G.R. NO. 154006 - STAR PAPER CORPORATION vs CARLITO ESPIRI TU, ET AL.

  • G.R. NO. 154565 - REMEDIOS RAMOS vs TESSIE PABAS

  • G.R. No. 154685 - METROPOLITAN BANK and TRUST COMPANY, ET AL. vs COURT OF APPEALS, ET AL.

  • G.R. No. 155645 - PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, INC. vs MAYFLOR T. YLAGAN

  • G.R. No. 155574 - TIMOTEO A. GARCIA vs SANDIGANBAYAN

  • G.R. No. 156294 - MELVA THERESA ALVIAR GONZALES vs RIZAL COMMERCIAL BANKING CORPORATION

  • G. R. No. 156888 - PEDRO R. SANTIAGO vs SUBIC BAY METROPOLITAN AUTHORITY

  • G.R. No. 156903 - SPOUSES CARLOS and TERESITA RUSTIA vs EMERITA RIVERA

  • G.R. No. 157107 - ALPINE LENDING INVESTORS, ET AL. vs ESTRELLA CORPUZ

  • G.R. No. 157117 - COASTAL SUBIC BAY TERMINAL, INC. vs DEPARTMENT OF LABOR and EMPLOYMENT, ET AL.

  • G.R. NOS. 157236-45 - ROMEO D. LONZANIDA vs SANDIGANBAYAN

  • G.R. No. 157906 - JOAQUINITA P. CAPILI vs SPS. DOMINADOR CARDAÑA and ROSALITA CARDAÑA,

  • G.R. No. 158676 - BPI-FAMILY SAVINGS BANK, INC. vs SPS. ZENAIDA DOMINGO & ABUNDIO S. DOMINGO, ET AL.

  • G.R. No. 158707 - COMMUNITY RURAL BANK OF SAN ISIDRO (N.E.), INC. vs YSAGANI V. PAEZ

  • G.R. NOS. 157294-95 - JOSEPH VICTOR G. EJERCITO vs SANDIGANBAYAN, ET AL.

  • G.R. No. 158960 - LORNA FRANCES FILIPINO vs F. WALTER R. MACABUHAY

  • G.R. No. 159373 - JOSE R. MORENO, JR. vs PRIVATE MANAGEMENT OFFICE

  • G.R. No. 159991 - CARMELINO F. PANSACOLA vs COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 159734 and G.R. NO. 159745 - ROSARIO V. ASTUDILLO vs PEOPLE OF THE PHILIPPINES

  • G.R. No. 160347 - ARCADIO and MARIA LUISA CARANDANG vs HEIRS OF QUIRINO A. DE GUZMAN, ET AL.

  • G.R. No. 160618 - DENNIS D. SY vs METROPOLITAN BANK & TRUST COMPANY

  • G.R. No. 160805 - SPOUSES ADIEL DE LA CENA and CARIDAD AREVALO DE LA CENA vs SPOUSES JOSE BRIONES and HERMINIA LLEDO BRIONES

  • G.R. No. 161086 - CIVIL SERVICE COMMISSION vs COURT OF APPEALS

  • G.R. No. 161136 - WILFREDO VAGILIDAD, ET AL. vs GABINO VAGILIDAD, JR., ET AL.

  • G.R. No. 161115 - DOLE PHILIPPINES, INC. vs MEDEL ESTEVA, ET AL.

  • G.R. No. 162037 - Heirs of Enrique Diaz v. Elinor A. Virata

  • G.R. No. 162243, G.R. No. 164516 & G.R. No. 171875 - HEHERSON ALVAREZ vs PICOP RESOURCES, INC.

  • G.R. No. 162308 - G & M PHILIPPINES, INC. vs ROMIL V. CUAMBOT

  • G.R. No. 162331 - LEPANTO CONSOLIDATED MINING CO. vs WMC RESOURCES INT L. PTY. LTD., ET AL.

  • G.R. No. 162366 - FEDERICA M. SERRANO, ET AL. vs SPOUSES ANSELMO GUTIERREZ AND CARMELITA GUTIERREZ

  • G.R. No. 163735 - GREEN ASIA CONSTRUCTION AND DEVELOPMENT CORPORATION, ET AL. vs COURT OF APPEALS, ET AL.

  • G.R. No. 163712 - METROPOLITAN BANK AND TRUST COMPANY, ET AL. vs JOSE B. TAN, ET AL.

  • G.R. No. 163763 - MALAYAN REALTY, INC. vs UY HAN YONG

  • G.R. No. 164300 - SPOUSES BENJAMIN AND AGRIFINA SIM vs M.B. FINANCE CORPORATION

  • G.R. No. 164321 - SKECHERS, U.S.A., INC. vs INTER PACIFIC INDUSTRIAL TRADING CORP., ET AL.

  • G.R. No. 164545 - LORBE REBUCAN y BALTAZAR vs PEOPLE OF THE PHILIPPINES

  • G.R. No. 165038 - HEIRS OF EMILIO R. DOMINGO AND FELICIDAD CORNEJO, ET AL. vs THE HEIRS OF CLARITA D. MARTIN, ET AL.

  • G.R. No. 164858 - HENRY P. LANOT vs COMMISSION ON ELECTIONS

  • G.R. No. 165724 - ZAMORA REALTY and DEVELOPMENT CORPORATION, ET AL. vs OFFICE OF THE PRESIDENT OF THE PHILIPPINES, ET AL.

  • G.R. No. 165879 - MARIA B. CHING vs JOSEPH C. GOYANKO, JR., ET AL.

  • G.R. No. 166403 - BENZON O. ALDEMITA vs HEIRS OF MELQUIADES SILVA

  • G.R. NOS. 166143-47 and G.R. NO. 166891 - ABDUSAKUR M. TAN, ET AL. vs COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 166496 - JOSEFA BAUTISTA FERRER vs SPS. MANUEL M. FERRER, ET AL.

  • G.R. No. 166501 - ERNESTO B. FRANCISCO, JR. vs HON. BAYANI F. FERNANDO

  • G.R. No. 166649 - ROBERT B. CABUYOC vs INTER-ORIENT NAVIGATION SHIPMANAGEMENT, INC., ET AL.

  • G.R. No. 166833 - FELIXBERTO CUBERO, ET AL. vs LAGUNA WEST MULTI-PURPOSE COOPERATIVE, INC., ET AL.

  • G.R. No. 166837 - LIGAYA S. ORBETA vs RUBEN P. ORBETA, ET AL.

  • G.R. No. 167680 - SAMUEL PARILLA, ET AL. vs DR. PROSPERO PILAR

  • G.R. No. 167723 - CLUB FILIPINO, INC. vs ROMEO ARAULLO

  • G.R. No. 167743 - HILARIO P. SORIANO vs OMBUDSMAN SIMEON V. MARCELO, ET AL.

  • G.R. No. 167844 - OFFICE OF THE OMBUDSMAN vs COURT OF APPEALS, ET AL.

  • G.R. No. 168035 - MELANIE M. MESINA, ET AL. vs GLORIA C. GARCIA

  • G.R. No. 168718 - OFFICE OF THE OMBUDSMAN vs FARIDA T. LUCERO, ET AL.

  • G.R. No. 168694 - THE PEOPLE OF THE PHILIPPINES vs SAIDAMIN MACABALANG y MALAMAMA

  • G.R. No. 169193 - SPOUSES ILUMINADA CAPITLE and CIRILO CAPITLE vs FORTUNATA ELBAMBUENA, ET AL.

  • G.R. NOS. 169295-96 - REMINGTON INDUSTRIAL SALES CORPORATION vs ERLINDA CASTANEDA

  • G.R. No. 169341 - City of Cebu v. Vicente B. Del Rosario

  • G.R. No. 169578 - TERESITA DIO vs ST. FERDINAND MEMORIAL PARK, INC., ET AL.

  • G.R. No. 169698 - LUPO ATIENZA vs YOLANDA DE CASTRO

  • G.R. No. 169891 - PHILIPPINE NATIONAL RAILWAYS vs ETHEL BRUNTY, ET AL.

  • G.R. No. 170220 - JOSEFINA S. LUBRICA, ET AL. vs LAND BANK OF THE PHILIPPINES

  • G.R. No. 170522 - CELSO LOPEZ OCATE vs COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 170829 - Perla G. Patricio v. Marcelino G. Dario III, et al.

  • G.R. No. 171102 - ATP TECHNOLOGIES INTERNATIONAL, INC. vs MICRON PRECISION PHILS., INC.

  • G.R. No. 170840 - THE PEOPLE OF THE PHILIPPINES vs GREGORIO CARPIO @ "GORIO"

  • G.R. No. 171144 - SANTOS L. NACAYTUNA vs PEOPLE OF THE PHILIPPINES

  • G.R. NOS. 171322-24 - MARIANITO S. VICTORIANO vs PEOPLE OF THE PHILIPPINES

  • G.R. No. 172274 - ROMEO D. CABARLO vs PEOPLE OF THE PHILIPPINES

  • G. R. No. 171447 - PEOPLE OF THE PHILIPPINES vs FEDERICO ARNAIZ y ARMONIO

  • G.R. No. 173290 - ZENAIDA M. LIMBONA vs JUDGE RALPH S. LEE, ET AL.

  •  





     
     

    G.R. No. 163735 - GREEN ASIA CONSTRUCTION AND DEVELOPMENT CORPORATION, ET AL.  vs  COURT OF APPEALS, ET AL.

      G.R. No. 163735 - GREEN ASIA CONSTRUCTION AND DEVELOPMENT CORPORATION, ET AL. vs COURT OF APPEALS, ET AL.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. NO. 163735 : November 24, 2006]

    GREEN ASIA CONSTRUCTION AND DEVELOPMENT CORPORATION AND SPS. RENATO AND DELIA LEGASPI, Petitioners, v. THE HONORABLE COURT OF APPEALS AND PCI LEASING AND FINANCE, INC., Respondents.

    D E C I S I O N

    QUISUMBING, J.:

    This special civil action for certiorari impugns the Decision1 and Resolution2 of the Court of Appeals, dated March 18, 2004 and May 26, 2004, respectively, in CA-G.R. CV No. 78117, for alleged grave abuse of discretion amounting to lack or excess of jurisdiction when it affirmed the Orders3 of the Regional Trial Court of Angeles City, Branch 57 in LRC Case No. A-124-1088.

    The facts are as follows:

    On June 8, 1995, petitioner Green Asia Construction and Development Corporation (GACDC), represented by its president, petitioner Renato Legaspi, obtained a loan of P2,600,0004 from private respondent PCI Leasing and Finance, Inc. (PCILFI).

    As security, GACDC, represented by petitioner spouses Renato and Delia Legaspi, executed a real estate mortgage5 for P450,000 in favor of PCILFI. The mortgage covered three parcels of land located in Barrio Balibago, Angeles City, under TCT Nos. 100362, 100363, and 100364.6

    When GACDC failed to pay the loan on maturity, the mortgage was foreclosed extrajudicially. PCILFI was the highest bidder at the foreclosure sale. A certificate of sale7 dated February 3, 1998 was accordingly issued to PCILFI and duly registered with the Registry of Deeds of Angeles City.

    On April 12, 2000, PCILFI filed a petition for the issuance of a writ of possession8 with the Regional Trial Court of Angeles City, Branch 57, docketed as LRC Case No. A-124-1088.

    The trial court granted PCILFI's petition, thus:

    WHEREFORE, let a writ of possession be issued in favor of petitioner PCI Leasing and Finance, Inc. directing the Sheriff of this Court to eject the Green Asia Construction and Development Corporation and all persons presently staying therein and claiming rights over the premises previously covered by TCT Nos. 100362, 100363, and 100364 of the Registry of Deeds of Angeles City, and to place the petitioner in possession thereof.

    SO ORDERED.9

    On May 8 and May 30, 2002, GACDC filed an urgent omnibus motion10 and a supplement to the urgent omnibus motion,11 respectively, praying for the setting aside of the certificate of sale, cancellation of the writ of possession, and the suspension of the implementation of the said writ of possession.

    On September 2, 2002, the trial court issued the first assailed order denying for lack of merit the aforesaid motion. GACDC's motion for reconsideration was denied in the second assailed order of October 14, 2002.

    GACDC elevated the case to the Court of Appeals, which affirmed the assailed orders of the trial court, to wit:

    WHEREFORE, finding no cogent reason to disturb the assailed Orders, the instant appeal is DENIED. The assailed orders dated September 2, 2002 and October 14, 2002 of the Regional Trial Court (RTC) of Angeles City, Branch 57 in LRC Case No. A-124-1088 are AFFIRMED.

    SO ORDERED.12

    Hence, the instant petition raising the following as issues:

    1. WHETHER OR NOT THE PETITION IN LRC CASE NO. A-124-1088 IS PROPER IN FORM AND IN SUBSTANCE CONSIDERING THAT THE SIGNATORY OF THE VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING, FLORECITA R. GONZALES, IS NOT DULY AUTHORIZED AS SUCH BY PCI LEASING AND/OR THERE WAS A FAILURE TO SHOW PROOF OF SUCH AUTHORITY.

    2. WHETHER APPEAL IS AN APPROPRIATE REMEDY IN ACTIONS FOR THE ISSUANCE OF WRIT OF POSSESSION PURSUANT TO THE PROVISIONS OF ACT 3135, AS AMENDED.13

    Petitioners contend that the petition for the issuance of writ of possession is not proper in form and substance because the verification and certification on non-forum shopping was not signed by PCILFI or its duly authorized representative. Further, petitioners argue that Section 8 of Act No. 313514 clearly provides that appeal in the proceedings in which possession was requested is the appropriate remedy.

    Private respondent, however, counters that the finding of the trial court that the questioned petition was sufficient in form and substance is binding on this Court. It stresses that there is no specific requirement in the Rules of Court to include the Secretary's Certificate in the certification on non-forum shopping. Private respondent also argues that the assailed Orders of the trial court are not appealable since they are not in the nature of a judgment on the merits.

    After serious consideration of the arguments raised by the parties, we find the petition without merit.

    Anent the first issue, it bears stressing that a certification on non-forum shopping is required only in a complaint or a petition which is an initiatory pleading. In this case, the subject petition for the issuance of a writ of possession filed by private respondent is not an initiatory pleading. Although private respondent denominated its pleading as a petition, it is more properly a motion. What distinguishes a motion from a petition or other pleading is not its form or the title given by the party executing it, but its purpose. The purpose of a motion is not to initiate litigation, but to bring up a matter arising in the progress of the case where the motion is filed.15

    Indeed, an original action is not necessary to acquire possession in favor of the purchaser at an extrajudicial foreclosure of real property. The right to possession is based simply on the purchaser's ownership of the property. Thus, the mere filing of an ex parte motion for the issuance of a writ of possession would suffice. No verification and certification on non-forum shopping need be attached to the motion at all.

    Hence, it is immaterial that the verification and certification on non-forum shopping in private respondent's questioned petition was signed by its lawyer. Such insignificant lapse does not render the said petition defective in form.

    As to the second issue,Section 8 of Act No. 3135 states:

    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 ninety-six; and if it finds the complaint of 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 ninety-six; but the order of possession shall continue in effect during the pendency of the appeal. (Emphasis supplied.)

    Clearly, the remedy of petitioners from the assailed Orders of the trial court was to file a petition to set aside the sale and cancel the writ of possession. Under the aforequoted provision, the aggrieved party may thereafter appeal from any disposition by the court on the matter.16

    We note, however, that what petitioners filed with the trial court were an urgent omnibus motion and a supplement to the urgent omnibus motion to set aside the sale and cancel the writ of possession. In the said motions, petitioners alleged there was no basis for the extrajudicial foreclosure because the mortgage was void.

    Note that the nullity of the mortgage is not covered by the remedy outlined under Section 8 of Act No. 3135. The said provision specifically lists the following exclusive grounds for a petition to set aside the sale and cancel the writ of possession: (1) that the mortgage was not violated; and (2) that the sale was not made in accordance with the provisions of Act No. 3135.

    Any question regarding the validity of the mortgage or its foreclosure cannot be a legal ground for refusing the issuance of a writ of possession. Indeed, regardless of whether or not there is a pending suit for annulment of the mortgage or the foreclosure itself, the purchaser is entitled to a writ of possession.17

    Petitioners should have filed a separate and independent action for annulment of the mortgage or the foreclosure.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    The remedy under Section 8 of Act No. 3135 is inapplicable in this case. The trial court thus correctly denied petitioners' motions to set aside the sale and cancel the writ of possession on the ground of nullity of the mortgage.

    Hence, in our view, the Court of Appeals did not err, nor did it commit grave abuse of discretion amounting to lack or excess of jurisdiction, in affirming the assailed Orders of the trial court.

    WHEREFORE, the petition is DISMISSED. The impugned Decision dated March 18, 2004 and Resolution dated May 26, 2004, of the Court of Appeals in CA-G.R. CV No. 78117 are AFFIRMED.

    Costs against petitioners.

    SO ORDERED.


    Endnotes:


    1 Rollo, pp. 19-32.

    2 Id. at 34.

    3 Id. at 77-82.

    4 Records, p. 5.

    5 Id. at 6-7.

    6 Id. at 12-18.

    7 Id. at 19-22.

    8 Id. at 1-4.

    9 Rollo, p. 76.

    10 Records, pp. 91-98.

    11 Id. at 100-102.

    12 Rollo, pp. 31-32.

    13 Id. at 112.

    14 Act No. 3135 - An Act To Regulate The Sale Of Property Under Special Powers Inserted In Or Annexed To Real-Estate Mortgages.

    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 ninety-six; and if it finds the complaint of 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 ninety-six; but the order of possession shall continue in effect during the pendency of the appeal.

    15 Arquiza v. Court of Appeals, G.R. No. 160479, June 8, 2005, 459 SCRA 753, 762-763.

    16 Santiago v. Merchants Rural Bank of Talavera, Inc., G.R. No. 147820, March 18, 2005, 453 SCRA 756, 762.

    17 Ong v. Court of Appeals, G.R. No. 121494, June 8, 2000, 333 SCRA 189, 198.

    G.R. No. 163735 - GREEN ASIA CONSTRUCTION AND DEVELOPMENT CORPORATION, ET AL.  vs  COURT OF APPEALS, ET AL.


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