G.R. No. 248140 - JACQUELINE S. UY, VS. 3TOPS DE PHILIPPINES ESTATE CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, a Writ of Possession [21] was issued on even date commanding the Ex-Officio Sheriff of RTC, Bacolod City or any of his or her lawful deputies, to place respondent in possession of the properties, and to eject therefrom all adverse occupants. On May 10, 2018, a Notice to Vacate [22] was issued to Lucy and all adverse occupants. Petitioner Jacqueline S. Uy (petitioner), in the interest of her mother, Lucy, and as the then occupant of the subject properties, filed an Urgent Motion to Admit Herein Opposition (With Motion for the Honorable Court to [R]econsider [i]ts Order dated April 24, 2018, to Quash the Petitioner's [ Ex Parte ] Petition for Issuance of a Writ of Possession, and to Hold in Abeyance the Implementation of the Writ of Possession dated May 08, 2018 and the Notice to Vacate dated May 10, 2018) dated May 25, 2018 (hereafter, Urgent Motion). [23] Petitioner averred in her Urgent Motion that respondent acted in bad faith and committed forum shopping in filing the Ex Parte Petition considering the pendency of two other cases, i.e., Civil Case No. 15-14483 and Civil Case No. 05-12643, which involve the subject properties. Civil Case No. 05-12643 involves a case for Injunction (with Accounting and Prayer for Writ of Injunction, Temporary Restraining Order and Damages) pending before the RTC of Bacolod City, Branch 53, which was filed by her mother, Lucy, essentially seeking to annul the foreclosure proceedings, and the eventual sale to respondent by Star Two, of the subject properties. [24] Meanwhile, Civil Case No. 15-14483 involves a case of accion publiciana filed by respondent against the occupants of the subject properties, which was archived, and later consolidated with Civil Case No. 05-12463, at the instance of respondent. [25] Petitioner argued that the duty of the trial court to issue a writ of possession ceased to be ministerial considering the irregularities in the foreclosure proceedings, as well as, the illegality in the titling of the subject properties by Star Two, and in its subsequent sale to respondent. [26] Thus, petitioner prayed for the trial court to admit her Opposition, reconsider its Order dated April 24, 2018, quash respondent's Ex Parte Petition, and hold in abeyance the implementation of the Writ of Possession and the Notice to Vacate pending resolution of the issues in Civil Case No. 05-12643. [27] Ruling of the Regional Trial Court In its Order dated July 17, 2018, [28] the trial court denied petitioner's Urgent Motion, the dispositive portion of which reads: WHEREFORE, the Urgent Motion to Admit Herein Opposition filed by Oppositor-Movant, Jacqueline S. Uy, is hereby DENIED for lack of basis and merit. SO ORDERED.