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Alberto C. Roxas, etal. Vs. Marina Buan, etal.

ALBERTO C. ROXAS and NENITA DE GUIA, petitioners, vs. MARINA BUAN, COURT OF FIRST INSTANCE OF ZAMBALES, BRANCH 1 AND THE PROVINCIAL SHERIFF OF ZAMBALES THRU HIS DEPUTY, ATILANO G. NANQUIL, respondents.

G.R. No. L-53798 | 1988-11-08

D E C I S I O N


CORTES, J.:

In this Petition for Certiorari and Prohibition with Preliminary Injunction, the petitioners question the order of the Court of First Instance of Zambales dated January 16, 1980, placing respondent Marina Buan, the purchaser in a foreclosure suit, in possession of a house and lot claimed to belong to the petitioner Alberto C. Roxas.

The antecedent facts are as follows: On August 19, 1975, Arcadio Valentin constituted a Deed of Real Estate Mortgage on a two-storey residential house and lot in favor of private respondent, Marina Buan, to secure the loan of P78,328.08 granted by the latter to the former.

Upon...