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Sps Gerardo and Celestina Pahimutang vs CA, Hon Manuel Victorio, Banco Filipino Savings and Mr Cruz

SPOUSES GERARDO and CELESTINA PAHIMUTANG, petitioners, vs. HON. COURT OF APPEALS, HON. MANUEL D. VICTORIO, Presiding Judge of the Regional Trial Court of Makati, Branch 141, BANCO FILIPINO SAVINGS AND MORTGAGE BANK and MR. EDGARDO C. CRUZ, Sheriff IV, Regional Trial Court of Makati, Metro Manila, respondents.

G.R. No. 121104 | 2000-11-27

D E C I S I O N

QUISUMBING, J.:

This petition filed under Rule 45 of the Rules of Court seeks to set aside the Decision dated April 25, 1995, of the Court of Appeals which denied petitioners' plea to annul the Order of the Regional Trial Court dated February 24, 1994. Said trial court earlier issued through its assailed Order a second alias writ of execution in favor of respondent Banco Filipino and Mortgage Bank in connection with the foreclosure proceedings against the petitioners' mortgaged property.

The records disclose that petitioners, the spouses Pahimutang, bought a house and lot from BF Homes, Inc. In this transactions they had...