SPOUSES REMPSON SAMSON AND MILAGROS SAMSON; AND REMPSON REALTY & DEVELOPMENT CORPORATION, VS. JUDGE MAURICIO M. RIVERA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF ANTIPOLO CITY, BRANCH 73; ATTY. JOSELITA MALIBAGO-SANTOS, IN HER CAPACITY AS EX OFFICIO SHERIFF, RTC OF ANTIPOLO C

Ruling

WHEREFORE , the instant petition is DISMISSED. [4] The July 18, 2002 Resolution denied reconsideration. The Facts The pertinent facts are undisputed. Petitioner Spouses Rempson and Milagros Samson incurred from Far East Bank and Trust Company (FEBTC) loan obligations, the principal of which amounted to fifty-five million pesos (P55,000,000). [5] On October 10, 1994 and February 22, 1996, in order to secure the payment of the loan obligations, Spouses Samson executed in favor of FEBTC two real estate mortgages covering five parcels of commercial property located at Antipolo City, Rizal. [6] Petitioner spouses failed to settle their loan obligations. Thus, on May 16, 2000, FEBTC filed an Application for Extra-Judicial Foreclosure of Real Estate Mortgage [7] before the Office of the Clerk of Court and Ex-Officio Sheriff of the Regional Trial Court (RTC) of Antipolo City. [8] In their application, FEBTC requested the said office to foreclose the two mortgages extrajudicially, in the manner and form prescribed by Act 3135, as amended, to satisfy the debt of P72,219,158.45, inclusive of interest, penalties and other charges. [9] Acting on the application, the Office of the Clerk of Court and Ex-Officio Sheriff issued a Notice of Sheriff Sale dated May 19, 2000, [10] setting the foreclosure sale on June 22, 2000. [11] There was only one bidder during the foreclosure sale, so in accordance with AM 99-10-05-0, [12] the sheriff postponed the auction to July 5, 2000. [13] On July 5, 2000, the auction sale proceeded with two bidders participating -- FEBTC and Lenjul Realty and Development Corporation, with the latter declared as the highest bidder in the amount of eighty million pesos (P80,000,000). [14] On July 11, 2000, a Certificate of Sheriffs Sale was issued confirming the sale of the foreclosed properties to the winning bidder. [15] Shortly thereafter, the Certificate of Sale was registered with the Registry of Deeds of Antipolo City. [16] On February 19, 2001, new Certificates of Title over the foreclosed properties were issued by the Register of Deeds of Antipolo City in favor of Lenjul Realty Corporation. [17] On April 3, 2001, Private Respondent Lenjul Realty filed a Petition for the Issuance of a Writ of Possession, which sought an ex parte issuance of a writ of possession over the foreclosed properties. [18] The Petition was docketed as Land Registration Case No. 01-2698 and raffled to Branch 73 presided by Judge Mauricio M. Rivera. [19] On June 11, 2001 and June 15, 2001, Spouses Samson and Rempson Corporation filed their respective Answer/Opposition. [20] While the Petition was pending, Spouses Samson and Rempson Corporation filed with the Antipolo City RTC, an action for Annulment of Extra-Judicial Foreclosure and/or Nullification of Sale and the Certificates of Title, plus Reconveyance and Damages with Prayer for a Temporary Restraining Order and/or Writ of Preliminary Injunction. Petitioners filed it against Lenjul Realty Corporation, FEB