Back

PNB vs C A and Ernesto Austria and Loreto Quintana.

PHILIPPINE NATIONAL BANK, petitioner, vs. THE COURT OF APPEALS and ERNESTO AUSTRIA and LORETO Q. QUINTANA, respondents.

G.R. No. 135219 | 2002-01-17

Ex-parte writ of possession

Facts:

The land mortgaged by the spouses Monsod to PNB was extra-judiciary foreclosed.

A new TCT was issued to PNB after it obtained the property through an auction sale.

The land was occupied by respondent Austria.

Ex-parte petition for the issuance of writ of possession filed by PNB was granted.

Respondent filed a motion for intervention and to recall and/or stop the enforcement of the writ of possession. They argued that they bought the land from the Monsods and occupied the same as early as 1974. This fact is known to PNB when it granted the loan because the bank's investigators were informed during an...