G.R. No. 141209 -

Ruling

WHEREFORE, the Resolution of July 1, 1997 of the trial court, appealed from, is set aside, and another entered, granting and directing the issuance of the alias writ of execution prayed for by plaintiff-appellant [herein respondent]. Cost against the appellees [herein petitioners]." [5] The Facts On October 20, 1989, herein respondent, William Ong Genato, filed before the Regional Trial Court (RTC) of Quezon City a Complaint to foreclose a real estate mortgage over two parcels of land. Originally owned by Oakland Development Corporation ("Oakland"), these lots were covered by Transfer Certificate of Title (TCT) Nos. 356315 and 366380. After trial on the merits in Civil Case No. Q-89-3814, the trial court [6] rendered a Decision in favor of Genato. Dated May 21, 1991, the RTC Decision contained the following disposition: "The claim of the plaintiff having been established and proved by evidence, judgment is hereby rendered ordering the defendant OAKLAND DEVELOPMENT RESOURCES CORPORATION, thru its president PRATER ESPLANA, to pay plaintiff WILLIAM ONG GENATO by depositing in this court within 90 days from receipt of a copy of this decision, the sums of: a) P2,000,000.00 representing the [principal] obligation; b) P100,000.00 representing 5% interest on the principal obligation commencing in October, 1989 until fully paid; c) P100,000.00 as and for attorney's fees; and d) P9,292.00 as cost of suit. "Should the defendant fail to pay the principal, interest and costs within the specified time, the Court shall order the sale of the properties covered by Transfer Certificates of Title Nos. 356315 & 366380 of the Registry of Deeds of Quezon City in the manner and under the regulations that govern sales of real estate under execution." [7] Unconvinced, Oakland sought relief from the Court of Appeals which, however, affirmed the trial court on July 28, 1992. When the CA Decision became final and executory on August 27, 1992, Genato filed a Motion for Execution, which was granted by the RTC on December 7, 1992. Pursuant thereto, the branch clerk of court [8] issued an "Execution Foreclosing Mortgage" dated December 9, 1992, and scheduled the auction sale of the foreclosed properties on January 14, 1993. On January 11, 1993, a Petition for Prohibition with a prayer for a temporary restraining order or writ of preliminary injunction was filed before the Supreme Court. Through this Petition, the alleged owners/buyers of the mortgaged properties sought to restrain the trial court from proceeding with the auction on the ground that the mortgage was void. The case was docketed as GR No. 108285 and assigned to this Court's Second Division which subsequently issued on January 13, 1993, a Temporary Restraining Order (TRO) barring the auction sale scheduled on January 14, 1993. On January 8, 1993, Oakland filed before the Court of Appeals a Petition for Relief from Judgment with Preliminary Injunction and Prayer for Temporary Restraining Order. It likewise filed a Ve