Pendency of action to annul sale CANNOT bar action for ejectment

Under the Rules, if the mortgaged property is not redeemed within one year from the foreclosure sale, the purchaser at public auction is entitled to possession of the property. The RTC case asailing the public auction sale of the property and seeking annulment of mortgages did not preclude the filing of an ejectment case against petitioner. We have consistently ruled that the pendency of an action for annulment of sale and reconveyance (which necessarily involves the issue of ownership) may no be successfully pleaded in abatement of an action for ejectment, the issue in the latter being merely physical possession. [G.R. No. 124292. December 10, 1996]

Popular Posts