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Metropolitan Bank & Trust Co., Vs. Lamb Construction Consortium Corporation, represented by Victor T. Nubla and Edgardo C. Santos

METROPOLITAN BANK & TRUST CO., Petitioner, versus LAMB CONSTRUCTION CONSORTIUM CORPORATION, represented by Victor T. Nubla and Edgardo C. Santos, Respondent

G.R. No. 170906 | 2009-11-27

D E C I S I O N


DEL CASTILLO, J.:

A petition for the issuance of a writ of possession is ex parte, non-adversarial, and summary in nature because the only issue involved is the purchaser's right to possession. In fact, Section 7 of Act 3135 (1924)[1] expressly provides that it is the ministerial duty of the cadastral court to issue a writ of possession in favor of the purchaser even during the redemption period, unless the case falls under the exceptions provided by law[2] and jurisprudence.[3] As a rule, mere inadequacy or surplus in the purchase price does not affect the purchaser's entitlement to a writ of possession. In case there...