DAVAO CITY, Philippines — Businessman Eli Lui successfully recovered his foreclosed property on Tuesday, May 28, after the office of the Sheriff implemented the court’s order.
While Lui was engaged in a legal battle to reclaim his property, the bank sold it.
The day before the court executed the order, large trucks were positioned outside the property, hinting at possible resistance. After nearly 20 years of legal battle, the court finally issued an order for the defendants to vacate the property.
Armed with the writ of execution from the court, some police personnel, and demolition personnel, Sheriff Lars Carillo served the court notice to vacate despite resistance from the occupants inside the property.
“We need to enter the property, ask the occupants to vacate and cleanse, then take over the property since there is a writ of execution from the court dated May 4, 2024,” Sheriff Carillo told Newsline in the vernacular.
The Lui property, located along the Davao-Japan Friendship Highway known as Diversion Road, was foreclosed by the bank. While litigation was pending, the bank sold the property to Winston M. Seña, Roberto Seña, Lito Urbiztondo, and Samuel Tubo. The cases reached the Court of Appeals and were docketed as CA-G.R. SP NO. 09203-Min.
On June 26, 2022, Court of Appeals Associate Justice Anisah B. Amanodin-Umpa ruled that the property be reinstated in favor of the petitioner. The decision was concurred by Associate Justices Richard Mordeno and John Lee.
“A motion to quash was filed, why is it being implemented?” Peter, one of the occupants, told Newsline. “They are taking over illegally, and this is forced entry. Judge Janice Aspiras-Pepito, who signed the order, inhibited from the case. There is a motion to quash, meaning there is a TRO (Temporary Restraining Order). Since Pepito inhibited, the case should have been assigned to another judge.”
“Forcible entry was made, there might be problems with the sheriff’s execution,” Peter added, stating that the case should have been assigned to another judge due to Judge Pepito’s inhibition.
After almost two hours, the property was re-occupied by Lui.
The post Davao businessman recovers foreclosed property appeared first on NewsLine Philippines.
Davao businessman recovers foreclosed property
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