Arcega Vs CA

[G.R. No. 122206.
July 7, 1997]
SPOUSES
RAFAEL
Y.
ARCEGA,
and
TERESITA
F.
ARCEGA, petitioners, vs. THE COURT OF APPEALS (17th
Division),
and
RIZAL
COMMERCIAL
BANKING
CORPORATION, respondents.
DECISION
ROMERO, J.:
In June 1988, petitioners herein, the spouses Rafael and Teresita Arcega,
obtained two loans amounting to P900,000.00 from respondent Rizal
Commercial Banking Corporation (RCBC). Said loan was secured by a real
estate mortgage executed by the parties on April 10, 1989 on a 561-squaremeter property with improvements covered by Transfer Certificate of Title No.
377692. Petitioners paid a total of about P300,000.00 but later defaulted on
their loan obligations.
[1]
The bank foreclosed the mortgage on petitioners property and acquired

the property at the public auction held on May 21, 1990 with the highest bid
of P984,361.08. The Sheriffs Certificate of Sale issued on the same day was
duly registered with the Quezon City Register of Deeds on May 25, 1990.
The spouses Arcega repeatedly communicated with respondent banks
Assistant Vice-President Emily Sibulo Hayudini in connection with the status
of the foreclosed property. On May 23, 1991, two days before the expiration
of the redemption period, Rafael Arcega wrote the bank for an extension of
three weeks and informing it that he has applied for a housing loan to
refinance his loan account with RCBC. On May 25, 1991, petitioners counsel
wrote respondent bank for a four-week extension within which to redeem the
property. Four days later, respondent bank informed petitioners that their
request for a three-week extension, until June 14, 1991, was granted. During
all this time, petitioners raised no question regarding the regularity of the
foreclosure sale and proceedings.
[2]
[3]
On June 14, 1991, Assistant Vice-President Hayudini inquired through the

telephone from Mr. Ching Hoe, Benefits Specialist of the Asian Development
Bank about the status of Rafael Arcegas loan. Mr. Hoe informed her that said
loan application was canceled because Arcega was going to file a court
case. Surprised at this development, after the expiration of the extended
redemption period, respondent banks officers executed an Affidavit of
Consolidation on June 17, 1991 to secure a new title in the name of Rizal
Commercial Banking Corporation.T.C.T. No. 40782 was later issued in the
banks name.
It appears that on June 11, 1991, petitioners filed Civil Case No. 91-9055
against respondent bank for annulment of foreclosure and/or auction sale with
restraining order/preliminary injunction/damages before the Regional Trial
court of Quezon City, Branch 104. In said complaint, petitioner averred that
they were not aware of the auction sale, that there was no notice of posting or
prior publication thereof in a newspaper of general circulation as required by
law and that they protested the banks action pertinent to the foreclosure to no
avail. The Notice of Lis Pendens was annotated on the title of the subject
property on July 16, 1991.
On November 23, 1993, the bank filed In re : Petition for Issuance of Writ
of Possession (LRC No. Q-6483(93)) with the Regional Trial Court of Quezon
City.
On February 3, 1994, petitioners sought the issuance of a writ of
preliminary injunction and/or restraining order to prevent respondent bank and
Sheriff from transferring the subject property to third persons in the case at
bar. After hearing and due consideration of the evidence submitted by the
parties, on June 21, 1994, the Regional Trial Court issued its questioned
Order granting the writ of a preliminary injunction. Respondent banks motion
for reconsideration was denied by the trial court on August 1, 1994.
On August 24, 1994, RCBC sought relief in the Court of Appeals by way of
a petition for certiorari seeking the nullification of the trial courts Orders dated
June 21, 1994 and August 1, 1994. Respondent appellate court granted the
petition on August 17, 1995 in a decision with the following dispositive portion:
WHEREFORE, the instant petition is hereby GRANTED by this Court. The

questioned Orders dated June 21, 1994 and August 1, 1994 of the respondent court,
granting the issuance of the writ of preliminary injunction, and denying its
reconsideration in Civil Case No. Q-91-9055 are declared null and void.
On October 12, 1995, the motion for reconsideration filed by the Arcegas
was denied by respondent court.
Hence, the instant petition for review was filed seeking the annulment of
the Court of Appeals decision for lack of legal basis and for having been
issued with grave abuse of discretion.
On the sole question of whether or not the writ of preliminary injunction
was issued with grave abuse of discretion, we affirm respondent courts
decision and deny the instant petition.
The issuance of the writ was unjustified, the spouses Arcega not having
any legal right that merits protection by the court.
For the issuance of the writ of preliminary injunction to be proper, it must
be shown that the invasion of the right sought to be protected is material and
substantial, that the right of complainant is clear and unmistakable and that
there is an urgent and paramount necessity for the writ to prevent serious
damage.
[4]
In the absence of a clear legal right, the issuance of the injunctive writ
constitutes grave abuse of discretion. Injunction is not designed to protect
contingent or future rights. Where the complainants right or title is doubtful or
disputed, injunction is not proper. The possibility of irreparable damage
without proof of actual existing right is no ground for an injunction.
[5]
[6]
[7]
The circumstances in the case at bar show that the Arcegas did not
possess a clear legal right sought to be protected by said writ. Petitioners
defaulted on their loan and failed to redeem the subject property during the
extended period granted by the bank. It was only three days prior to the
redemption period that petitioners decided to question the foreclosure
proceedings, giving the impression that the case at bar is an afterthought or a
last-ditch effort to save their property. Title to the property had already been
transferred to the bank which now possesses a certificate of title in its name.
Respondent banks right to possess the property is clear and is based on
its right of ownership as a purchaser of the properties in the foreclosure sale
to whom title has been conveyed. Under Section 7 of Act No. 3135 and
Section 35 of Rule 39, the purchaser in a foreclosure sale is entitled to
possession of the property. The bank in this case has a better right to
possess the subject property because of its title over the same.
[8]
[9]
[10]
Respondent appellate court added:

x x x (I)t was highly irregular for the respondent court to issue the questioned writ
based merely on the document of sheriffs certificate of posting. No other evidence,
oral or documentary, was ever presented by the private respondents to fully
substantiate their prayer for the injunctive relief. It is well-settled that a foreclosure
proceeding enjoys the presumption of regularity in its conduct being an official
business, and it is the defendants, herein private respondents, who have the burden of
showing by convincing proof that the foreclosure proceeding is tainted with
irregularity for them to be entitled to the writ prayed for.
[11]
WHEREFORE, the instant petition is hereby DENIED. The Regional Trial

Court of Quezon City, Branch 104, where Civil Case No. 91-9055 is pending is
directed to continue with the proceedings of said case and resolve the same
with dispatch. Costs against petitioner.
SO ORDERED.
Regalado, (Chairman), and Mendoza., JJ., concur.
Puno, and Torres, Jr, JJ., on leave.

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[G.R. No. 122206.

The bank foreclosed the mortgage on petitioners property and acquired

On June 14, 1991, Assistant Vice-President Hayudini inquired through the

WHEREFORE, the instant petition is hereby GRANTED by this Court. The

Respondent appellate court added:

WHEREFORE, the instant petition is hereby DENIED. The Regional Trial

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