Cited Laws
TL;DR — Ruling
WHEREFORE, judgment is hereby rendered against the plaintiff, and in favor of the defendant, as follows: (a) Dissolving the writ of preliminary injunction previously issued; consequently, the City Sheriff of Pasay City or any of his deputy (sic), can now proceed with the auction sale of the subject properties; (b) Dismissing the complaint; and (c) Dismissing the counterclaim. No pronouncement as to costs. SO ORDERED.
Accordingly, a restraining order dated January 16, 1984, was issued and served on defendant Deputy Sheriff, on January 17, 1984, before the scheduled auction sale could be made on subject properties. The auction sale proceeded with respect to properties not claimed in this action. On March 20, 1984, this Court issued a writ of preliminary injunction. The trial court then proceeded to receive evidence from the opposing parties in order to resolve the issue of which takes legal precedence: (1) the levy of the subject properties by virtue of a duly registered writ of attachment; or (2) the unregistered documents of pacto de retro sale executed before the said levy. [4] On August 31, 1984, the RTC of Gumaca, Quezon, Branch 61, issued its decision. Its decretal portion reads: WHEREFORE, judgment is hereby rendered against the plaintiff, and in favor of the defendant, as follows: (a) Dissolving the writ of preliminary injunction previously issued; consequently, the City Sheriff of Pasay City or any of his deputy (sic), can now proceed with the auction sale of the subject properties; (b) Dismissing the complaint; and (c) Dismissing the counterclaim. No pronouncement as to costs. SO ORDERED.