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Rafael Barican et al vs. Intermediate Appellate Court 245 Phil 316

RAFAEL BARICAN and ARACELI ALEJO, petitioners, vs. INTERMEDIATE APPELLATE COURT, and DEVELOPMENT BANK OF THE PHILIPPINES, respondents.

G.R. No. 79906 | 1988-06-20

D E C I S I O N

GUTIERREZ, JR., J.:

This is a petition for review of the decision of the then Intermediate Appellate Court which granted an alias writ of possession in favor of the respondent bank and set aside the order dated March 21, 1986 of the Regional Trial Court of Caloocan City, Branch 128 which denied the private respondent bank's application for the issuance of such-writ pending the resolution of a civil case before the court. 

Spouses Antonio Regondola and Dominga Zabat obtained a loan from the respondent bank. As security for the payment of the loan, the Regondolas and the respondent bank entered into a contract of real...