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Selegna Management and Development Corporation, et al. vs. United Coconut Planters Bank.

SELEGNA MANAGEMENT AND DEVELOPMENT CORPORATION; and Spouses EDGARDO and ZENAIDA ANGELES,Petitioners, versus UNITED COCONUT PLANTERS BANK,* Respondent.

G.R. No. 165662 | 2006-05-03

FIRST DIVISION

D E C I S I O N


PANGANIBAN, CJ

A writ of preliminary injunction is issued to prevent an extrajudicial foreclosure, only upon a clear showing of a violation of the mortgagor's unmistakable right. Unsubstantiated allegations of denial of due process and prematurity of a loan are not sufficient to defeat the mortgagee's unmistakable right to an extrajudicial foreclosure. 

The Case

Before us is a Petition for Review [1] under Rule 45 of the Rules of Court, assailing the May 4, 2004 Amended Decision [2] and the October 12, 2004 Resolution [3] of the Court of Appeals (CA) in CA-GR SP No. 70966. The challenged Amended...