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Enrico Malonzo, etal. vs. Herminio Mariano, etal.

SPOUSES ENRICO MALONZO and AVELINA MALONZO, BARBARA BROWN, and BONIFACIA MONZON, petitioners, vs. HON. HERMINIO MARIANO, Judge, CFI, Manila, Br. IV, BANCO FILIPINO SAVINGS AND MORTGAGE BANK, and THE CITY SHERIFF OF MANILA, respondents.

G.R. No. L-53998 | 1989-05-31

D E C I S I O N


NARVASA, J.:

The principal issue raised in the special civil action of prohibition at bar is whether or not a writ of possession issued by a Court of First Instance (Regional Trial Court) in accordance with Act 3135, to give possession of property sold at an extra-judicial foreclosure sale to the purchaser thereof, may be enforced against persons other than the mortgagor.

The property in question consists of two (2) parcels of land and the apartment and commercial building thereon standing, located at R. Magsaysay Boulevard, Sta. Mesa, Manila. A mortgage was constituted over this property by its owner then, Universal...