Spouses Rosario v. GSIS modifies China Banking Corporation v. Spouses Lozada. Does this change how you would plead, defend or advise?

Case of the Day · 4 October 2026

Issuance of a writ of possession ceases to be merely ministerial when bona fide condominium or subdivision buyers intervene to protect rights against a mortgagee; the court must hold a hearing to determine the nature and source of the buyer's claimed right.

Modifies China Banking Corporation v. Spouses Lozada, G.R. No. 164919, 4 July 2008. The Court expressly states that the ruling in China Banking Corp. v. Lozada should be modified.

One decision a day that changed the law. Cite the text; no client facts.

Join the Roundtable to reply