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Romeo F. Veloso, Et Al. Vs. Intermediate Appellate Court, Et Al.

ROMEO F. VELOSO, DELIA M. VELOSO and GLOBE ENGINEERING CORPORATION, petitioners, vs. INTERMEDIATE APPELLATE COURT and STATE INVESTMENT HOUSE, INC., respondents.

G.R. No. 73338 | 1992-01-21

D E C I S I O N


NARVASA, J.:

It is axiomatic that a mortgagee who effects the extrajudicial foreclosure of the mortgage is entitled under the law to a writ of possession over the property foreclosed, it being the ministerial duty of the proper Regional Trial Court to issue said writ upon the mortgagee's ex parte application, even before the expiration of the period of redemption provided by the law and the Rules of Court.

Upon this axiom and the undisputed facts shortly to be narrated, this Court will deny the petition.

The property involved was a house and lot belonging to the petitioner spouses, Romeo F. Veloso and Delia M. Veloso....