Reynaldo P. Bascara v. Sheriff Rolando G. Javier

Summary

This case involved a dispute over a writ of possession following extrajudicial foreclosure. Petitioner Bascara claimed ownership of the foreclosed property through a donation mortis causa from his deceased aunt, Rosalina Pardo, alleging that someone impersonated the deceased to mortgage the property to respondent Pangilinan. The Supreme Court affirmed the lower courts' denial of Bascara's motion to recall the writ of possession, holding that courts have a ministerial duty to issue such writs after the redemption period expires. The Court ruled that Bascara could not invoke the third-party exception under Section 33, Rule 39 because he was merely a successor-in-interest, not someone holding the property adversely to the judgment debtor. Additionally, the Court noted that donations mortis causa must comply with testamentary formalities and be probated to effectively transfer property rights.