Petitioner
Anecito Campos
Respondent
Bank of the Philippine Islands
Citation
G.R. No. 207597
Court
Supreme Court
Division
Second Division
Ponente
Brion, J.
Decided
May 30, 2016

Summary

Campos mortgaged 14 lots to secure a loan, later constructing a building on one lot. When he defaulted, the bank foreclosed and obtained a writ of possession. Campos sought to suspend the writ's implementation, claiming good faith construction and right to reimbursement under Civil Code provisions on accession. The Supreme Court denied his petition, holding that the trial court's duty to issue a writ of possession in extrajudicial foreclosure is ministerial under Act No. 3135. The Court distinguished the Policarpio precedent and emphasized that the mortgage contract expressly included all future improvements. The decision reinforced that contractual stipulations have the force of law between parties, and courts will not rescue litigants from disadvantageous contracts absent legal violations.

Statutes applied

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By the Intellegal Editorial Board · May 30, 2016

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