Professional Documents
Culture Documents
A certificate of sale was issued, and after the lapse of the oneyear redemption period, an affidavit of consolidation of
ownership was executed.
VR Gonzales then filed an ex parte petition for issuance of a
writ of possession.
o Petitioners opposed this motion on the ground of forum
shopping, alleging that the company did not disclose the
pendency of the civil case for the annulment of the
mortgage.
RTC denied the petitioners opposition and issued the writ of
possession in favor of VR Gonzales.
o The company was not guilty of forum shopping. The
issuance of writ of possession was a mere ministerial
function of the court and was summary in nature. Not being
a judgment on the merits, litis pendentia or res judicata
would not set in to bar the companys petition.
CA affirmed the RTC. Hence, the instant petition, where they
argue that:
o They are third party who has a claim adverse to that of
their mother. While the court has a ministerial function to
issue the writ of possession, a recognized exception to this
ministerial duty is when the property is in possession of an
adverse claimant.
Meanwhile, the RTC denied petitioners complaint for the
annulment of the mortgage. RTC declared the mortgage
contracts and the subsequent extrajudicial foreclosure and
auction sale as valid.
o Petitioners appealed, the decision of which is pending
before the CA.