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Heirs of Penaflor vs. Heirs of Dela Cruz [DISSENTING OPINION, SERENO, CJ]

HEIRS OF JOSE PEÑAFLOR, NAMELY: JOSE PEÑAFLOR, JR. AND VIRGINIA P. AGATEP, REPRESENTED BY JESSICA P. AGATEP, PETITIONERS, V. HEIRS OF ARTEMIO AND LYDIA DELA CRUZ, NAMELY: MARILOU, JULIET, ROMEO, RYAN, AND ARIEL, ALL SURNAMED DELA CRUZ, RESPONDENTS

G.R. No. 197797 | 2017-08-09

DISSENTING OPINION
 
SERENO, CJ:
 
The threshold issue in this case is whether or not Artemio dela Cruz (Artemio) is a third party in possession of the subject property who claims a right adverse to that of the debtor/mortgagor in the foreclosure proceedings, therefore warranting the quashal of the Writ of Possession.
 
The Court of Appeals (CA) annulled the assailed Writ of Possession[1] and Notice to Vacate,[2] which the Regional Trial Court (RTC), Branch 72, Olongapo City, had issued to petitioners' predecessor-in-interest, Jose R. Peñaflor (Peñaflor). The CA found that respondents'...