G.R. Nos. 119511-13 - WILFREDO P. VERZOSA AND PILAR MARTINEZ VS. COURT OF APPEALS, HON. NICODEMO FERRER, AND FE GIRON USON

Ruling

WHEREFORE, the instant petitions are hereby dismissed for lack of merit." Also assailed is the public respondents February 28, 1995 Resolution [3] denying the Motion for Reconsideration. Facts of the Case The undisputed facts, as narrated by the Court of Appeals (CA) and reiterated by petitioners, are as follows: [4] "Records reveal that Fe Giron Uson is the owner of a parcel of land consisting of 19,955 square meters located at Baquioen, Sual, Pangasinan, covered by O.C.T. No. 12783. She mortgaged the land to Wilfredo Verzosa. "Fe Uson failed to pay her entire obligation to Verzosa, prompting the latter to have the mortgage foreclosed. On July 21, 1988, the Provincial Sheriff of Pangasinan set the foreclosure sale on August 17, 1988 at 10:00 A.M. "To prevent the Office of the Provincial Sheriff from proceeding with the foreclosure sale, Fe Uson, on August 12, 1988, filed with the Regional Trial Court, Branch 37, Lingayen, Pangasinan, a complaint against Wilfredo Verzosa and the Provincial Sheriff, docketed as Civil Case No. 16590, for annulment of mortgage with prayer for the issuance of a writ of preliminary injunction. "On August 22, 1988, defendant Verzosa filed a motion to dismiss the complaint. "On June 8, 1989, the complaint was dismissed on the ground that it was not personally verified by plaintiff Fe Uson. "On June 27, 1989, Fe Uson filed a motion for reconsideration which was granted by the court. "On June 29, 1989, she filed her amended complaint which bears the proper verification. "Meantime, Verzosa wrote the Provincial Sheriff to proceed with the foreclosure of mortgage. "Whereupon, Fe Uson, through counsel, wrote the Provincial Sheriff requesting him to discontinue the foreclosure sale in deference to the said pending case and to the action to be taken by the Honorable Presiding Judge of the Court. "On July 4, 1989, the foreclosure sale was conducted by the sheriff. The property was sold to Verzosa being the highest bidder. Thereafter, the Sheriffs Certificate of Sale was approved by Executive Judge Antonio Belen and issued to Verzosa. "On September 5, 1989, the trial court issued an order admitting the amended complaint of Fe Uson. "At this point, Verzosa filed with the Court of Appeals CA-G.R. SP No. 18898 for certiorari. He alleged that the said order, admitting the amended complaint was issued with grave abuse of discretion. "On June 20, 1990, the Sheriffs Certificate of Sale was registered in the Registry of Deeds of Alaminos, Pangasinan. "On July 5, 1990, or after the expiration of the redemption period of one year, the defendant Sheriff issued the Sheriffs Final Deed of Sale. Thus, O.C.T. No. 12783 in Fe Usons name was cancelled and in lieu thereof, T.C.T. No. 11087 was issued in the name of Wilfredo Verzosa. "On July 12, 1990, Verzosa sold the land to Pilar Martinez. As a result, Verzosas T.C.T. No. 11087 was cancelled and T.C.T. No. 11107 was issued to Martinez. "Meantime, on October 16, 1990, or after one year fr