GRACIA R. JOVEN, vs. COURT OF APPEALS, HON. MANUEL A. PATRON, in his capacity as Presiding Judge of the RTC, Branch 59, Lucena City, Roberto Paguia & Fernando Lasala.
- G.R. Number: G.R. No. 80739
- Promulgated: 1992-08-20
- Ponente: Cruz, J.
Doctrine
A buyer at a foreclosure sale becomes absolute owner if the property is not redeemed within one year after registration of the sale and is entitled to possession without posting bond after the redemption period.
Distinct causes of action: an annulment suit attacks validity of the mortgage and foreclosure sale (recovery of ownership), whereas an ejectment (forcible entry/unlawful detainer/accion publiciana) seeks restoration of possession; different reliefs permit separate proceedings.
Facts
Petitioner owned three parcels she mortgaged to the Development Bank of the Philippines; after extrajudicial foreclosure for nonpayment, DBP purchased the properties at public auction and a certificate of sale was annotated on the title on 17 November 1982.
After the redemption period expired with no redemption, DBP sold the properties to Roberto Paguia by deed of sale dated 17 December 1985; Paguia took possession through his representative Fernando Lasala on 30 January 1986.
Issues
Whether the Municipal Circuit Trial Court had jurisdiction to try the ejectment case filed by the petitioner against the purchasers/possessors.
Whether the petitioner was guilty of forum-shopping such that her injunction/annulment suit barred the ejectment action.
Ruling
The petition is granted: the Court held the MCTC had jurisdiction to try the ejectment case and the RTC erred in declaring otherwise; the MCTC resolution in Civil Case No. 155 is reinstated and costs are imposed on the private respondents.
Keywords
G.R. No. 80739, extrajudicial foreclosure, redemption period, certificate of sale, annulment of mortgage and foreclosure, forcible entry, writ of mandatory injunction, jurisdiction, Regional Trial Court, Municipal Circuit Trial Court, possession de facto, question of ownership, Batas Pambansa Blg. 129, Sec. 33, (2), Batas Pambansa Blg. 129, Rule on Summary Procedure, Section 1, par. A (1) of the Rule on Summary Procedure, ejectment case, reglementary period, question, ownership