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Is the filing of an action to nullify the extrajudicial sale a prejudicial question to the petition filed by the mortgagee for the issuance of the writ of possession?

 

No, a complaint for annulment of extrajudicial sale is a civil action and a petition for the issuance of writ of possession is but an incident to the land registration proceeding hence no prejudicial question can arise from the two actions. (Pahang vs. Vestil GR. No. 148595, July 12, 2004).


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