Republic of the Philippines
SUPREME COURT
REGIONAL TRIAL COURT
11th Judicial Region
Branch 27
Tandag City, Surigao del Sur
RURAL BANK,
Mortgagee,
EJF-REM Case No.
-versus- 574
E GAL,
Mortgagor
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MOTION FOR ISSUANCE OF
WRIT OF POSSESSION
COMES NOW the MORTGAGEE and the declared owner of
the subject property, through the undersigned counsels and unto
this Honorable Court, most respectfully states:
1. On August 19, 1998, the Sheriff of the Regional Trial Court
Branch 27, issued a Sheriff's Certificate of Sale which was
duly approved by the Executive Judge, EA.
2. However, the Mortgagor filed a case for Redemption of
Mortgage docketed as Civil Case No. 4444 before the
Regional Trial Court Branch 27, which causes the delay in
the issuance of Writ of Possession to the Morgtagee.
3. On July 15, 2013 the Honorable Court in Civil Case No. 1394
then issued an ORDER with dispositive portion, to wit:
“WHEREFORE, plaintiffs Heirs of E Gal, are ordered to pay
defendant Rural Bank. The deficiency of P105,274.70 on the
redemption amount with interest at twenty-seven percent
(27%) per annum computed from July 26, 2007 until fully
paid.”
1
4. That since the aforementioned orders did not provide nor
fixed the redemption period, a Motion (To fix date of
redemption) dated February 6, 2018 was filed by the
undersigned, asking the Honorable Court to fix the period for
the plaintiffs to Redeem the property already consolidated in
the name of Rural Bank.
5. That on February 15, 2018, the Honorable Court issued an
Order which significantly state:
“The question now is when should the balance of the
redemption price be paid to complete the redemption of the
foreclosed property. The court agrees it would not be fair to
defendant Bank to endure plaintiffs’ whim on when should
full payment of the redemption price be made. Thus,
applying equitable principles of the law, specifically the
Rules of Court provision on equitable redemption, the period
at which to redeem is hereby fixed at One Hundred Twenty
(120) Days from notice of this order. SO ORDERED”
6. That on 6 September 2018, the defendant filed a Motion for
Issuance of Writ of Execution.
7. That on 21 September 2018, the Honorable Court issued an
Order stating among others, to wit:
“Finding the Motion with merit, plaintiffs are declared as
having waived the right to redeem by their failure to
exercise it within the period allowed. Defendant Bank may
now proceed to take steps to consolidate its ownership over
the foreclosed property.”
8. That despite of the foreclosure and consolidation of the
property in question, the defendant Bank has not been able
to possess the property which is already foreclosed and
consolidated in the name of the defendant Bank.
9. That the Heirs of E Gal and/or their caretaker are still the
one tilling and in possession of the land in question.
2
10. That the foreclosure of the property owned by the plaintiffs
had been pending since July 31, 1997 and up to this time the
said property remained unredeemed. Despite the
consolidation of the foreclosed property in favor of the Bank,
the plaintiffs are unlawfully and adversely in occupying the
land and enjoying the fruits.
11. Generally, "once title to the property has been consolidated
in the buyer's name upon failure of the mortgagor to redeem
the property within the one-year redemption period, the writ
of possession becomes a matter of right belonging to the
buyer. Consequently, the buyer can demand possession of
the property at any time. Its right of possession has then
ripened into the right of a confirmed absolute owner and the
issuance of the writ becomes a ministerial function that does
not admit of the exercise of the court's discretion. The court,
acting on an application for its issuance, should issue the
writ as a matter of course and without any delay." 1
12. Subsequent to the order of the Honorable Court, the
consolidation of the ownership of the land in the name of the
Bank necessarily carried with it the delivery of the
possession which is an inherent element of the right of
ownership; and
13. That in view thereof, the herein defendant prays for the
issuance of the writ of possession to the land in question.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed that a Writ of Possession be issued, ORDERING:
1. The Sheriff to install the RURAL BANK, or any of its authorized
representative, to the possession of the two lands described
as follow:
Lot 1 : “A parcel of coco land situated at Poblacion, San
Miguel, Surigao del Sur, containing an area of 7.3331 hectares
1
Spouses Cabasal v. BPI Family Savings Bank, Inc., G.R. No. 233846, November 18, 2020,
citing Nagtalon v. United Coconut Planters Bank, 715 Phil. 595, 602 (2013).
3
covered by Tax Declaration No. 319 and bounded as follows:
North – Miguel Laurente; South – Tago River; East – Miguel
Laurente; and West-Tago River.”
Lot 2 : “A parcel of coco and rice land situated at Apogan, San
Miguel, Surigao del Sur, containing an area of 11.5125
hectares, covered by tax Declaration No. 1160 and bounded
as follows : North – Miguel Laurente; South – Felipe Medrano;
East – Malapso Creek and West – Tago River.”
2. Other reliefs consistent with justice and equity are also
prayed for.
Respectfully submitted this 4 August 2025. Tandag City,
Surigao del Sur, Philippines.
ATA LAW FIRM
Ground Floor Pacific
City, Surigao del Sur
Telephone No. (086)
[email protected] AAA
PTR NO. 1111 12-27-2024 (CY 2025)
IBP NO. 4444 10-29-2024 (CY 2025)
ROLL NO. 66666
MCLE Compliance No. VIII-000000
HEIRS OF E & A GAL
Poblacion, San Miguel, Surigao del Sur
Greetings!
Please take notice that the foregoing Motion for Issuance of
Writ of Possession shall be submitted for the consideration and
approval of the Honorable Court.
AAA
Copy Furnished through mail;
HEIRS OF E & A GAL
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Poblacion, San Miguel, Surigao del Sur
EXPLANATION
(Pursuant to Section 11, Rule 13 of the Rules of Court)
Copy of the foregoing Motion for Issuance of Writ of
Possession is served to E Gallemit. by registered mail as the
required personal service cannot be effected to the latter due to
distance between the office of the undersigned and the address of
the plaintiff in Poblacion, San Miguel, Surigao del Sur.
AAA
