Sunday, June 21, 2009

Obligation to Issue Ex Parte Writ of Possession

The obligation of a court to issue an ex parte writ of possession in favor of the purchaser in an extrajudicial foreclosure sale ceases to be ministerial once it appears that there is a third party in possession of the property who is claiming a right adverse to that of the debtor/mortgagor. (DBP v. PNA, G.R. No. 175728, May 8, 2009)

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