Philippine National Bank v. The Court of Appeals

Summary

PNB sought to enforce an ex-parte writ of possession against Austria and Quintana who claimed ownership of foreclosed property through prior purchase from mortgagors. The Supreme Court established that ex-parte possessory writs under Act No. 3135 cannot be enforced against third parties claiming rights adverse to the debtor/mortgagor. The Court emphasized that actual possession under claim of ownership creates a disputable presumption requiring judicial process for recovery, not mere ex-parte proceedings. This landmark ruling protects third-party possessors from summary ejectment and requires proper judicial action to resolve competing ownership claims, balancing foreclosure rights with due process protection.