- Petitioner
- Spouses Isagani
- Respondent
- Spouses Regino Se
- Citation
- G.R. No. 190122
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Carpio Morales, J.
- Decided
- January 10, 2011
Summary
This case involves a property possession dispute arising from mortgage foreclosure and third-party purchaser rights. Castro spouses loaned P250,000 to Perez spouses secured by real estate mortgage. Before foreclosure, Perez spouses sold the property to dela Cruz spouses who obtained new tax declaration. After foreclosure, Castro spouses obtained ex-parte writ of possession and evicted dela Cruz spouses. RTC granted preliminary mandatory injunction restoring possession to dela Cruz spouses, reasoning they were owners in their own right, not claiming under Perez spouses. Supreme Court upheld the injunction, finding no grave abuse of discretion, emphasizing that enforcement of writ against third parties who did not participate in foreclosure proceedings violates due process and that proper judicial intervention is required under Civil Code Articles 433 and 539.