[ G.R. No.
213673, March 02, 2022 ]
IN RE: EX PARTE PETITION FOR ISSUANCE OF WRIT OF POSSESSION
PHILIPPINE NATIONAL BANK, PETITIONER, VS. ALMA T. PLACENCIA FONTANOZA,
RESPONDENT.
DECISION
HERNANDO, J.:
This petition for review on certiorari[1] assails the January 23, 2014 Decision[2] and
July 28, 2014 Resolution[3] of the Court of Appeals (CA) in CA-G.R. CV No. 02836,
which set aside the February 21, 2012 Order[4] of the Regional Trial Court (RTC),
Branch 23, of Molave, Zamboanga del Sur in Special Case No. 2011-50-090.
The Facts:
Spouses Salvador and Alma (Alma) Fontanoza obtained a loan from the Ozamiz
Branch of the Philippine National Bank (PNB). To secure the loan, they mortgaged a
parcel of land located at Barangay Dao, Mahayag, Zamboanga del Sur covered by
Original Certificate of Title No. P-29979.[5] Since the Fontanozas failed to pay, PNB
foreclosed the property. On January 8, 2002, as the sole bidder in the public auction,
PNB acquired the lot for P236,000.00.[6] PNB registered the sale on January 28,
2002. However, the Fontanozas failed to redeem the property.[7]
More than nine years later, specifically on July 18, 2011, PNB filed an ex-parte
petition for issuance of writ of possession[8] before the RTC, which was docketed as
SP Case No. 2011-50-090.
Ruling of the Regional Trial Court:
In a Resolution[9] dated August 17, 2011, the RTC granted PNB's petition for the
issuance of a writ of possession. The August 17, 2011 Resolution became final and
executory on September 15, 2011 based on a certificate of finality[10] dated
November 21, 2011.
More than two months after the RTC's August 17, 2011 Resolution became final and
executory, or on November 25, 2011, Alma filed an opposition with urgent motion to
recall writ of possession.[11] She averred that she also instituted a suit against PNB
before the trial court which was docketed as Civil Case No. 2011-20-458. Likewise,
she had a contract with PNB for the repurchase of the property, and that she had
already paid the agreed down payment, which she claimed as earnest money. In
addition, she was not notified of PNB's petition for the issuance of a writ of
possession.[12]
In an Order[13] dated December 19, 2011, the RTC directed PNB to: 1) comment on
Alma's opposition and attach proof, if any, to clarify the true nature of its agreement
with Alma, given that it allowed her to tender P28,500.00 on January 17, 2003; and
2) explain the purpose of Alma's deposit in the amount of P46,500.00 covered by
Official Receipt No. 681449. Similarly, the RTC directed Alma to submit evidence to
support her allegation that the mode of payment for the repurchase of the property
was stated at the back of PNB's letter to her.
