G.R. NO. 163410 - CONCEPCION R. ANCHETA, VS. METROPOLITAN BANK & TRUST COMPANY, INC. AND COURT OF APPEALS. DECISION - Supreme Court E-Library

Ruling

Accordingly, Metrobank executed an Affidavit of Consolidation of Ownership [4] on September 20, 2000. On September 25, 2000, TCT Nos. 229431 to 229437 were cancelled, and on the basis of a certificate of sale executed by the ex-officio sheriff, the Register of Deeds issued TCT Nos. 249617 to 249623 in favor of and under the name of Metrobank. Thus, in a Letter [5] dated January 31, 2001, Metrobank demanded that the mortgagors vacate the property within 10 days therefrom, otherwise, it would be impelled to file a petition for a writ of possession in the RTC of Manila. The mortgagors refused to vacate the property. The petition for the issuance of a writ of possession was docketed as LRC No. N-133, LRC No. N-36, LRC No. N-9938 and raffled to Branch 4 of the court. It contained a Verification with Certificate of Non-Forum Shopping executed by Atty. Ramon S. Miranda, the Legal Officer of Metrobank's Legal Division. [6] During the hearing of the petition, Metrobank adduced testimonial and documentary evidence in support of its petition. On July 27, 2001, the RTC issued an Order granting the petition, the dispositive portion of which reads: WHEREFORE , let the corresponding writ of possession be issued directing the Sheriff of this Branch to place the herein petitioner in actual physical possession of the foreclosed properties situated in the District of Sta. Cruz, City of Manila, and covered by Transfer Certificates of Title Nos. 229431, 229432, 229433, 229434, 229435, 229436 and 229437 (now Transfer Certificates of Title Nos. 249617, 249618, 249619, 249620, 249621, 249622 and 249623) and to eject therefrom respondent Maglalang Construction & Development Corporation, its agents and such other persons claiming rights under it. [7] On November 8, 2001, the RTC issued a Writ of Possession directing the Sheriff of the RTC of Manila to place Metrobank in possession of the property described therein. [8] The Sheriff complied with the order and placed Metrobank in possession of the property. On March 1, 2002, Concepcion R. Ancheta, one of the mortgagors under the Real Estate Mortgage executed in favor of Metrobank, filed an "Urgent Motion for Intervention" in LRC No. N-133, praying that in the interest of substantial justice, fair play and equity, she be allowed to intervene, and that her opposition-in-intervention appended thereto be admitted. In her opposition, Ancheta alleged that she was one of the co-owners of the property. On April 17, 1998, she and some of her co-owners, Dr. Ambrocio M. Reyes, Lorenzo M. Reyes, Jr. and Julita Reyes Maylad, filed a Complaint [9] for the nullification of the real estate mortgage executed in favor of Metrobank with the RTC of Manila, docketed as Civil Case No. 98-88370 and raffled to Branch 32 of the court, impleading Godofredo Cruz and Rodrigo Maglalang, through their attorney-in-fact, Ariel N. Reyes; as well as the extrajudicial foreclosure and the sale of the subject property at public auction. After due proceedings,