- Petitioner
- Spouses Salvador F. de Vera
- Respondent
- De Vera Vs. Hon. Guillermo P. Agloro
- Citation
- G.R. No. 155673
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Callejo, Sr., J.
- Decided
- January 14, 2005
Summary
Spouses De Vera defaulted on their P1.2M mortgage loan with BPI Family Savings Bank, leading to extrajudicial foreclosure and the Bank becoming the highest bidder. When the Bank filed for a writ of possession, the Spouses sought to suspend proceedings citing their pending civil case challenging the mortgage's validity. The Supreme Court affirmed lower courts' rulings that the issuance of a writ of possession after the redemption period is a ministerial duty that cannot be defeated by pending litigation questioning the foreclosure's validity. The Court emphasized that after the redemption period expires without redemption, the purchaser acquires absolute ownership and an unqualified right to possession. The decision reinforces the principle that writ of possession proceedings are summary and non-litigious in nature, distinct from ordinary civil actions challenging mortgage validity.