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The Parents-Teachers Association (PTA) of St. Mathew Academy, et al. Vs. The Metropolitan Bank & Trust Company

THE PARENTS-TEACHERS ASSOCIATION (PTA) OF ST. MATHEW CHRISTIAN ACADEMY, GREGORIO INALVEZ, JR., ROWENA LAYUG, MALOU MALVAR, MARILOU BARAQUIO, GARY SINLAO, LUZVIMINDA OCAMPO,MARIFE FERNANDEZ, FERNANDO VICTORIO, ERNESTO AGANON and RIZALINO MANGLICMOT, represented by their Attorney-in-Fact, GREGORIO INALVEZ, JR., Petitioners, versus THE METROPOLITAN BANK and TRUST CO., Respondent.

G.R. No. 176518 | 2010-03-02

D E C I S I O N


DEL CASTILLO, J.:

As a general rule, the issuance of a writ of possession after the foreclosure sale and during the period of redemption is ministerial. As an exception, it ceases to be ministerial if there is a third party holding the property adversely to the judgment debtor.

In this case, we find that petitioners' right over the foreclosed property is not adverse to that of the judgment debtor or mortgagor. As such, they cannot seek the quashal or prevent the implementation of the writ of possession.

Factual Antecedents

The facts of this case as summarized by the Court of Appeals (CA) in its assailed Decision[1]...