G.R. No. 179691 - PHILIPPINE BANK OF COMMUNICATIONS, VS. MARY ANN O. YEUNG.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the petition is GRANTED . The August 9, 2006 decision and the August 2, 2007 resolution of the Court of Appeals in CA-G.R. SP. No. 82725 are MODIFIED by ordering the Regional Trial Court of Davao City, Branch 16, to issue the corresponding writ of possession. The Court of Appeals order to the Philippine Bank of Communications to remit to Mary Ann O. Yeung the balance or excess of the proceeds of the foreclosure sale, after deducting the mortgage debt of P1,950,000.00 plus the stipulated interest and the expenses of the foreclosure sale, is hereby AFFIRMED . SO ORDERED.