Back

Phil. National Bank vs. Midpantao Adil, et al.

PHILIPPINE NATIONAL BANK, petitioner, vs. HON. MIDPANTAO ADIL, in his capacity as Presiding Judge of the CFI Iloilo, Branch II, and the HEIRS OF THE LATE TEODORO MELLIZA Composed of ANGELINA LOBATON VDA. DE MELLIZA, etc., ROSEMARIE CHANG, RAYMUNDO TEODORO MELLIZA, JR., MARILYN MELLIZA, JOSE TEODORO MELLIZA, et al., respondents.

G.R. No. 52823 | 1982-11-02

D E C I S I O N


DE CASTRO, J.:

This is a special civil action for certiorari which seeks to annul the several injunctive orders issued by respondent judge, and praying that, instead, the writ of possession issued in favor of petitioner, as purchaser in the foreclosure sale, dated April 20, 1979, be immediately enforced.

It appears that on August 2, 1974, respondent Angelina Lobaton Melliza, for herself and as judicial administratrix of the estate of Teodoro Uy Melliza, obtained a loan from petitioner in the amount of P80,000.00 which was secured by a mortgage over two parcels of land covered by TCT Nos. 8266 and T-8267. For failure of...