FORECLOSURE AND WRIT OF POSSESSION:

It is settled that questions regarding the validity of a mortgage or its foreclosure as well as the sale of the property covered by the mortgage cannot be raised as ground to deny the issuance of a writ of possession. Any such questions must be determined in a subsequent proceeding (Philippine National Bank v. Sanao Marketing Corporation, G.R. No. 153951, July 29, 2005, 465 SCRA 287) as in fact, herein respondents commenced an action for Annulment of Certificate of Sale, Promissory Note and Deed of Mortgage.  x x x x  Since respondents failed to redeem the mortgage within the reglementary period, entitlement to the writ of possession becomes a matter of right and the issuance thereof is merely a ministerial function (F. David Enterprises v. Insular Bank of Asia and America, G.R. No. 78714, November 21 1990, 191 SCRA 516, 523).

          The judge to whom an application for a writ of possession is filed need not look into the validity of the mortgage or the manner of its foreclosure. Until the foreclosure sale is annulled, the issuance of the writ of possession is ministerial (Philippine National Bank v. Sanao Marketing Corporation, G.R. No. 153951, July 29, 2005, 465 SCRA 287).  In fact, even during the period of redemption, the purchaser is entitled as of right to a writ of possession provided a bond is posted to indemnify the debtor in case the foreclosure sale is shown to have been conducted without complying with the requirements of the law. More so when, as in the pres ent case, the redemption period has expired and ownership is vested in the purchaser.  x x x The defaulting mortgagor is not without any expedient remedy, however. For under Section 8 of Act 3135, as amended by Act 4118, it can file with the court which issues the writ of possession a petition for cancellation of the writ within 30 days after the purchaser-mortgagee was given possession.  IN FINE, it would be a grievous error for QC-RTC, Branch 77 to deny petitioners motion for the issuance of a writ of possession (PLANTERS DEVELOPMENT BANK vs. JAMES NG, et al. G.R. No.187556, May 5, 2010, First Division, Carpio Morales, J.).