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Cesar Sulit vs. Court of Appeals, et al.

CESAR SULIT, petitioner vs. COURT OF APPEALS and ILUMINADA CAYCO, respondents.

G.R. No. 119247 | 1997-02-17

D E C I S I O N


REGALADO, J.:

The primary issue posed before the Court, in this appeal by certiorari from a decision 1 of the Court of Appeals, is whether or not the mortgagee or purchaser in an extrajudicial foreclosure sale is entitled to the issuance of a writ of possession over the mortgaged property despite his failure to pay the surplus proceeds of the sale to the mortgagor or the person entitled thereto. Secondarily, it calls for a resolution of the further consequences of such non-payment of the full amount for which the property was sold to him pursuant to his bid.

The material facts, as found by respondent court, are not...