JORGE NAVARRA and CARMELITA BERNARDO NAVARRA and THE RRRC DEVELOPMENT CORP., vs. COURT OF APPEALS and PIANTERS DEVELOPMENT BANK .
- G.R. Number: G.R. No. 86237
- Promulgated: 1991-12-17
- Ponente: Cruz, J.
Doctrine
Failure to redeem extrajudicially foreclosed land within one year from registration vests the purchaser with an absolute right to possession, notwithstanding a separate pending action on ownership.
The land registration court's duty to issue a writ of possession to a purchaser after such lapse is ministerial and must be done upon proper motion.
A pending civil action contesting ownership cannot be raised in a petition for issuance of a writ of possession in the land registration case; ownership must be resolved in the separate pending case.
Facts
Petitioners (spouses Jorge Navarra and Carmelita Bernardo, Ruben Bernardo, Cresencia Villanueva, and RRRC Development Corp.) executed a real estate mortgage in favor of Planters Development Bank over five registered parcels to secure a P1,200,000 loan.
The trial court issued orders on 22 February 1988 and 20 May 1988; petitioners' motion for reconsideration was denied on 20 May 1988, prompting a certiorari petition to the Court of Appeals.
The Court of Appeals dismissed the petition on 12 September 1988 and denied reconsideration on 22 December 1988; petitioners then sought relief under Rule 45 before the Supreme Court.
The lands were not redeemed within one year from registration of the extrajudicial foreclosure sale, and new transfer certificates of title were issued in private respondent's name.
Issues
Whether the trial court erred in issuing the writ of possession to private respondent despite the pendency of Civil Case No. 16917 contesting ownership.
Ruling
The Supreme Court affirmed the Court of Appeals: because the properties were not redeemed within one year after registration of the extrajudicial foreclosure sale, private respondent acquired an absolute right as purchaser to a writ of possession, and the land registration court had a ministerial duty to issue it upon motion.
The petition is granted insofar as a writ of possession shall issue placing possession of the five parcels (listed TCT Nos. 97073–97077, Barangay San Dionisio Parañaque) in favor of petitioner, to be implemented by the Sheriff of this Court.
Keywords
G.R. No. 86237, real estate mortgage, extra-judicial foreclosure, Act No. 3135 as amended, public auction, certificate of sale, right of redemption, writ of possession, Section 6 of Act No. 3135 as amended, LRC Case No. M-1201, evidence ex parte, complaint for specific performance, Zaragoza vs. Diaz, 65 SCRA 315, grave abuse of discretion, certiorari, Rule 45 of the Rules of Court, ministerial duty of the court, newly-discovered evidence, Rule 37 Rules of Court, Rule 53 Rules of Court