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Spouses Humberto Delos Santos and Carmencita Delos Santos Vs. Metropolitan Bank and Trust Company

SPOUSES HUMBERTO P. DELOS SANTOS AND CARMEN CITA M. DELOS SANTOS, Petitioners, versus METROPOLITAN BANK AND TRUST COMPANY, Respondent. .

G.R. No. 153852. October 24, 2012 | 2012-10-24

FIRST DIVISION


D E C I S I O N

BERSAMIN, J.:

A writ of preliminary injunction to enjoin an impending extrajudicial foreclosure sale is issued only upon a clear showing of a violation of the mortgagor's unmistakable right.1

This appeal is taken by the petitioners to review and reverse the decision promulgated on February 19, 2002,2whereby the Court of Appeals (CA) dismissed their petition for certiorari that assailed the denial by the Regional Trial Court in Davao City (RTC) of their application for the issuance of a writ of preliminary injunction to prevent the extrajudicial foreclosure sale of their mortgaged asset initiated by their...