Back

United Coconut Planters Bank Vs. Luis R. Reyes

UNITED COCONUT PLANTERS BANK, petitioner, vs. HON. LUIS R. REYES, in his capacity as Presiding Judge of the Regional Trial Court, Branch 22, 4th Judicial Region, Imus, Cavite, respondent. Encanto, Mabugat & Associates for petitioner.

G.R. No. 95095 | 1991-02-07

D E C I S I O N


GANCAYCO, J.:

Does the denial of an ex-parte motion for the issuance of a writ of possession filed by a purchaser at a foreclosure sale after the expiration of the redemption period constitute grave abuse of discretion by the lower court? This is the issue presented for resolution in this case.

The spouses Teodoro and Sonia Espiritu obtained credit accommodations amounting to TWO HUNDRED SIXTY THOUSAND PESOS (P260,000.00) from petitioner United Coconut Planters Bank. These credit accommodations were secured by real estate mortgages over four (4) parcels of land located at Kawit, Cavite owned by the Espiritu spouses.

...