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    MyLegalWhiz - Petition For Issuance of A Writ of Possession Ex-Parte Motion

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    Mark Dungo
    1. The petitioner is requesting a writ of possession for a property purchased at an auction on [date]. 2. The property is located in [region] and the regional trial court has jurisdiction. 3. As the redemption period has lapsed, a bond is not required to take possession of the property.

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    MyLegalWhiz - Petition For Issuance of A Writ of Possession Ex-Parte Motion

    Uploaded by

    Mark Dungo
    1K views2 pages
    1. The petitioner is requesting a writ of possession for a property purchased at an auction on [date]. 2. The property is located in [region] and the regional trial court has jurisdiction. 3. As the redemption period has lapsed, a bond is not required to take possession of the property.

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    MyLegalWhiz - Petition for Issuance of a Writ of Possession Ex-Parte Motion

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    1. The petitioner is requesting a writ of possession for a property purchased at an auction on [date]. 2. The property is located in [region] and the regional trial court has jurisdiction. 3. As the redemption period has lapsed, a bond is not required to take possession of the property.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views2 pages

    MyLegalWhiz - Petition For Issuance of A Writ of Possession Ex-Parte Motion

    Uploaded by

    Mark Dungo
    1. The petitioner is requesting a writ of possession for a property purchased at an auction on [date]. 2. The property is located in [region] and the regional trial court has jurisdiction. 3. As the redemption period has lapsed, a bond is not required to take possession of the property.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    [Court]

    [Region]
    [COURT]
    [City], [Branch No.]

    [NAME]__________,
    Plaintiff,
    Civil Case No. ___________
    - versus -

    [NAME]__________,
    Defendant.
    x ----------------------------------- x

    PETITION FOR
    ISSUANCE OF A WRIT OF POSSESSION

    PLAINTIFF, by counsel, respectfully states that:

    1. State the relevant facts showing plaintiff’s right or claim over the property
    sought to be possessed., i.e., plaintiff was the highest bidder in the auction
    sale of the property held on (date) and was issued a Certificate of Sale
    [attach copy of Certificate of Sale as Annex]

    2. State description of the property including location of the property to


    establish jurisdiction of the Court to issue the writ. The petition is filed with
    the regional trial court of the province or place where the property or any
    part thereof is situated.

    3. If a bond is required, state material facts to show compliance with the


    requirement for issuance of a bond in an amount equivalent to the use of the
    property for a period of twelve months [attach supporting documents as
    Annex]

    A bond is required if possession is sought during the redemption period.


    However, if the redemption period has lapsed, the title over the property is
    already deemed consolidated in favor of the purchaser-applicant and a bond
    is no longer necessary.

    Section 7 of Act No. 3135, as amended by Act No. 4118, provides:

    SEC. 7. In any sale made under the provisions of this Act, the purchaser may
    petition the Court of First Instance of the province or place where the
    property or any part thereof is situated, to give him possession thereof during
    the redemption period, furnishing bond in an amount equivalent to the use of
    the property for a period of twelve months, to indemnify the debtor in case it
    be shown that the sale was made without violating the mortgage or without
    complying with the requirements of [this] Act. Such petition shall be made
    under oath and filed in form of an ex parte motion x x x and the court shall,
    upon approval of the bond, order that a writ of possession issue, addressed to
    the sheriff of the province in which the property is situated, who shall execute
    said order immediately.

    WHEREFORE, it is respectfully prayed that the Honorable Court issue a writ of


    possession commanding the Sheriff to forthwith deliver the possession of the above
    described property to petitioner.

    [CITY] ___________; [DATE] _________________________.

    [SIGNATURE]
    [NAME OF COUNSEL]
    ___________
    Counsel for Petitioner
    [ADDRESS] ______________

    VERIFICATION

    I, ___________________________________, the petitioner, hereby certify that the


    allegations herein are true and correct to the best of my knowledge and belief.

    ___________________________________
    Signature over printed name of petitioner

    SUBSCRIBED AND SWORN TO before me in the City of _______________ on


    this day of [MONTH AND YEAR]_________________, affiant exhibiting before me his
    Government Issued ID no. _______________ issued on
    [DATE]__________________ at [PLACE OF ISSUANCE]_____________________.

    [SIGNATURE]
    [NAME]_______
    Notary Public

    Until
    [DATE]__________________
    PTR No. [NUMBER] ____________
    Issued at
    [PLACE]______________
    On [DATE]
    ___________________

    Doc. No.
    Page No.
    Book No.
    Series of [YEAR] ___________

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