G.R. No. 43057 ; February 25, 1935
MANUEL RIVERA, petitioner, vs. THE COURT OF FIRST INSTANCE OF NUEVA ECIJA and JACINTO RUPAC, respondents.

FACTS

Petitioner Manuel Rivera filed a foreclosure case against respondent Jacinto Rupac. The court ordered Rupac to pay a debt and, upon failure, directed the sale of two unregistered parcels of land. Rupac failed to pay, and the sheriff sold the lands at public auction to Rivera as the highest bidder. Rivera moved for confirmation of the sale and issuance of a writ of possession. The court confirmed the sale but refused to issue the writ, believing it lacked jurisdiction to do so.

ISSUE

Whether the court that has jurisdiction over a foreclosure suit also has jurisdiction to issue a writ of possession in favor of the purchaser at the foreclosure sale, without the necessity of an independent action, when the mortgagor remains in possession after confirmation of the sale.

RULING

Yes. The court has jurisdiction to issue the writ of possession. In a foreclosure suit where no third-party intervenes and the mortgagor-debtor remains in possession, a writ of possession is a necessary remedy to conclude the litigation. Under Section 257 of the Code of Civil Procedure, confirmation of a judicial sale operates to divest the parties of their rights and vest them in the purchaser. Consequently, it is the duty of the court to issue a writ so the purchaser may be placed in possession of the property acquired by virtue of the final decree. The petition for mandamus is granted, and the respondent court is ordered to issue the writ of possession.

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