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Philippine National Bank Vs. DKS International, Inc. and Michael Dy

PHILIPPINE NATIONAL BANK, Petitioner, versus DKS INTERNATIONAL, INC. and MICHAEL DY, Respondents

G.R. No. 179161 | 2010-01-22

D E C I S I O N


Del Castillo, J.:

Considering that the sub-lessee which was ordered by the court to surrender possession of the disputed property in a case for forcible entry no longer possessed the same, having already surrendered possession thereof to the lessor and not to the prevailing party which is the lessee, the Regional Trial Court (RTC) recalled the Writ of Execution with Break Open it earlier issued. The question which now confronts this Court is: Was the recall proper?

This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the Decision[1] dated March 16, 2007 of the Court of Appeals (CA)...