On 14 February 2013, RCBC had the TRO issued by this Court annotated on OCT No. O-232 under Entry No. 2013000087. On 10 July 2013, the Court issued a Decision in G.R. No. 203241 which reads: WHEREFORE, we GRANT the petition. We SET ASIDE the assailed Orders of the Regional Trial Court of Makati dated 16 February 2012 and 26 July 2012. The Temporary Restraining Order issued by this Court on 3 December 2012 is made permanent. The Regional Trial Court of Makati City is DIRECTED to issue the writ of execution in Civil Case No. 10054 for the enforcement of the decision therein. Costs against petitioner. AScHCD SO ORDERED. 8 The Decision became final and executory on 27 November 2013. 9 Meanwhile, Andueza =led a petition for extrajudicial foreclosure of real estate mortgage, 10 10 dated 13 August 2013, with the Provincial Sheriff of Masbate since Serra defaulted on his loan obligation. Pursuant to the Decision in G.R. No. 203241, RCBC =led on 27 February 2014 a new motion for execution before the RTC-Makati. Andueza, a non-party to the case, =led an opposition to the motion for execution with affirmative reliefs. In an Order dated 14 May 2014, 11 11 the RTC-Makati granted the motion for execution and dismissed the opposition of Andueza. The RTC-Makati held that the real estate mortgage is inferior to RCBC's right since the mortgage was constituted when Serra no longer had ownership and free disposal of the subject property. Accordingly, the RTC-Makati ordered the issuance of a writ of execution. Andueza did not =le a motion for reconsideration of the RTC-Makati's execution order. Neither did he =le an appeal before the Court of Appeals. Thus, the Order of 14 May 2014 became final. On 23 June 2014, the RTC-Makati issued a writ of execution. 12 12 Based on his Report, 13 Sheriff Roberto V. Harina (Sheriff Harina) of the RTC- Makati attempted to serve on Serra a copy of the Notice to Comply and a copy of the Writ of Execution. However, Serra was not in his oHce so Sheriff Harina left with Serra's caretaker copies of the Notice to Comply and the Writ of Execution, who returned such copies by leaving them at the information table of the Bulwagan ng Katarungan, Masbate City. Meanwhile, acting on the petition for extrajudicial foreclosure, respondents Atty. Leomar R. Lanuza (Atty. Lanuza), Clerk of Court and Ex-OHcio Provincial Sheriff of the RTC-Masbate, and Jovito C. Soriano (Soriano), Sheriff of the RTC-Masbate, scheduled the public auction of the subject property on 26 June 2014 at 2:00 in the afternoon. 14 On 14 June 2014, RCBC =led a petition for injunction 15 before the RTC-Masbate, docketed as Civil Case No. 6971, to enjoin the extrajudicial foreclosure sale and public auction of the subject property. Respondent Judge Maximino R. Ables (Judge Ables), as Executive Judge of the RTC-Masbate, issued a 72-hour TRO on 25 June 2014. In a Notice of Extrajudicial Foreclosure and Sale of Real Estate Mortgage dated CD Technologies Asia, Inc. © 2017 cdasiaonline.com
18 August 2014, 16 Soriano scheduled anew the public auction sale of the subject property on 24 September 2014 at 2:00 in the afternoon.
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