G.R. No. 215933 - POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION (PSALM), VS. MAUNLAD HOMES, INC..

Ruling

WHEREFORE, by virtue of said writ of execution pending appeal and in accordance with Rule 39, Section 9 of the Rules of Court, the undersigned sheriff IV will sell at public auction to the highest bidder for CASH and in Philippine Currency, on November 12, 2010 at 10:00 in the morning or soon thereafter, at No. 120 Gapan Olongapo Road, Barangay Lagundi, Mexico, Pampanga, the above-described properties to satisfy the said Writ of Execution pending Appeal. [9] On November 9, 2010, petitioner filed an Affidavit [10] of third-party claim with the sheriff pursuant to Section 16, Rule 39 of the Rules of Court, and alleging that it is the owner of the levied properties pursuant to the EPIRA Law. On November 10, 2010, petitioner filed a Manifestation [11] with Urgent Ex Parte Motion for Issuance of Status Quo Order with the RTC arguing that it is the owner of the subject properties pulled out by the sheriff by operation of law; that it is not a party to the instant case and therefore cannot be bound by the judgment therein; that the obligation to pay respondent had not been transferred to it. Petitioner also prayed for the nullification of the levy of its properties and restoring their immediate possession to it. On November 11, 2010, the RTC issued an Order [12] holding in abeyance the public sale of the subject levied properties until further orders. On February 1, 2011, the RTC issued an Order, [13] the dispositive portion of which reads: WHEREFORE, the foregoing considered, the motion for issuance of Status Quo Order is hereby DENIED. The third-party claim filed by PSALM is likewise denied. Further PSALM's prayer to nullify the levy of seven units transformers radiator fins, one unit power transformer with serial number E-77740395 and four pieces of angle bars and restoring its immediate possession to the same is DENIED. Accordingly, the Sheriff of this Court is DIRECTED to proceed with the implementation of the writ of execution issued in this case in accordance with law and without further delay. SO ORDERED.