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Hi-Yield Realty, Incorporated Vs. Hon. Court of Appeals, et al.

HI-YIELD REALTY, INCORPORATED, Petitioner, versus HON. COURT OF APPEALS, HON. CESAR O. UNTALAN, in his capacity as PRESIDING JUDGE OF RTC-MAKATI, BRANCH 142, HONORIO TORRES & SONS, INC., and ROBERTO H. TORRES, Respondents.

G.R. No. 168863 | 2009-06-23

DECISION


QUISUMBING, J.:

This is a special civil action for certiorari seeking to nullify and set aside the Decision[1] dated March 10, 2005 and Resolution[2] dated May 26, 2005 of the Court of Appeals in CA-G.R. SP. No. 83919. The appellate court had dismissed the petition for certiorari and prohibition filed by petitioner and denied its reconsideration.

The antecedent facts of the case are undisputed.

On July 31, 2003, Roberto H. Torres (Roberto), for and on behalf of Honorio Torres & Sons, Inc. (HTSI), filed a Petition for Annulment of Real Estate Mortgage and Foreclosure Sale[3] over two parcels of land located in Marikina and...