Republic of the Philippines

COURT OF APPEALS
Manila

TENTH DIVISION

ROMAN ARZANAN, JR., CA-G.R. SP NO. 154645

Petitioner,

Members:
- versus - ROSARIO, R.R., Chairperson,
PAREDES, V.I.A.,
and
PAYOYO-VILLORDON, T.M.B., J.J.:
THE HON. PRESIDING JUDGE,
Regional Trial Court, Branch Promulgated:
27, Cabanatuan City, Nueva
July 31, 2019
Ecija, and PHILIPPINE
NATIONAL BANK,
Respondents.

DECISION
PAYOYO-VILLORDON, J.:

Before this Court is the Petition for Certiorari dated 1

February 20181, filed under Rule 65 of the Rules of Court,
assailing the Order dated 20 November 20172 of the Regional
Trial Court (RTC), Third Judicial Region, Branch 27, Cabanatuan
City, Nueva Ecija, in CAD. Case No. 3495-AF and the Order
dated 5 January 20183, denying the petitioner's Motion for
Reconsideration dated 15 December 20174.

1
Rollo, pp. 6-18.
2
Rollo, p. 21.
3
Rollo, p. 22.
4
Rollo, pp. 97-100.
CA-G.R. SP No. 154645 Page 2 of 8
Decision

The Antecedents

On 10 November 2015, the private respondent Philippine

National Bank (PNB) filed an Ex-Parte Petition for the Issuance
of a Writ of Possession which contained the following
allegations:5

1. It is a commercial banking corporation

organized and existing under the laws of the
Republic of the Philippines xxx;

2. It is the absolute and registered owner of a

certain parcel of land, together with all the
improvements existing thereon situated in the
Barrio of Sto. Rosario, Municipality of Zaragoza,
Province of Nueva Ecija covered by Transfer
Certificate of Title No. 041-2015002679 of the
Registry of Deeds for Province of Nueva Ecija xxx,
more particularly described and bounded as
follows;

TRANSFER CERTIFICATE OF TITLE NO. 041-

2015002679
Registry of Deeds for Province of Nueva Ecija

“A PARCEL OF LAND (LOT 2-F, OF THE

SUBDIVISION PLAN, (LRC) PSD-333055,
APPROVED AS NON-SUBDIVISION PROJECT)
BEING A PORTION OF LOT 2, PSU-13529,
L.R.C. REC. NO. F. PAT.), SITUATED IN THE
BARRIO OF STO. ROSARIO, MUNICIPALITY OF
ZARAGOSA, PROVINCE OF NUEVA ECIJA.
BOUNDED ON THE N., POINTS 1 TO 2 BY
PROPERTY OF ROBERTA TAN FELIX, PLAN F-
03-08-013996-D; ON THE SE., POINTS 2 TO 3
BY PROPERTY OF NICOLAS DIEGO; POINTS 3
TO 4 BY PROPERTY OF PEDRO MADONZA
(NOW) TEODORA MADONZA, PLAN F-03-08-
914101-D; AND ON THE W., POINTS BY LOT 2-
E (ROAD), OF THE SUBD. PLAN. BEGINNING
AT A POINT MARKED “1” ON PLAN, BEING S.
46 DEG. 31'W., 1458.98 M. FROM BLLM NO. 1
ZARAGOZA CADASTRE; THENCE S. 85 DEG.
20'E., 61.93 M. TO POINT 2; THENCE S. 15 DEG.
O3'W., 19.46 M. TO POINT 3; THENCE N. 88

5
Rollo, pp. 55-58.
CA-G.R. SP No. 154645 Page 3 of 8
Decision

DEG. 03'W., 57.42 M. TO POINT 4; THENCE N. 1

DEG. 55'E., 21.90 M. TO THE POINT OF
BEGINNING; CONTAINING AN AREA OF ONE
THOUSAND TWO HUNDRED TWENTY TWO
(1,222) SQUARE METERS, MORE OR LESS.”

3. TCT No. 041-2015002679 was previously

registered/owned by Demetria Arzanan married
to Lorenzo Santos under Transfer Certifiate of
Title No. NT-284133;

4. Spouses Lorenzo F. Santos and Demetria

Arzanan Santos mortgaged TCT No. NT-284133 &
NT 284132 evidenced by a Real Estate Mortgage
to secure their loan obligation in the amount of
One Million Eight Hundred Thousand Pesos
(Php1,800,000.00) with PNB but failed to pay the
same upon maturity, hence, PNB foreclosed the
mortgage and eventually won the auction sale of
the property;

5. The aforesaid real property together with

all improvements existing thereon was acquired
by petitioner through an extra-judicial foreclosure
sale as evidenced by the Verified Petition for
Extrajudicial Foreclosure of Real Estate Mortgage
under Act No. 3135, as amended by Act 4118 and
Certificate of Sale (COS) dated November 10,
2008 issued by Ex-Officio Sheriff Kelly S. Belino
and Sheriff-In-Charge Victor G. Villarin as
approved by the Executive Judge, Hon. Rodrigo S.
Caspillo, of the Regional Trial Court, Branch 23,
Cabanatuan City.

6. Correspondingly, the proper BIR taxes were

paid by the Petitioner and thereafter a Certificate
Authorizing Registration (CAR) dated January
2009 was issued to effect registration by the
Register of Deed of the title (TCT No. 284133)
subject of this petition in he name of Petitioner
PNB;

7. In view of the failure of the mortgagors to

exercise their right of redemption within the
period prescribed by law, the ownership over said
property was consolidated in the name of the
petitioner by virtue of an Affidavit of
Consolidation of Ownership and thereafter new
CA-G.R. SP No. 154645 Page 4 of 8
Decision

transfer certificates of title were issued and

registered in the name of petitioner, per
paragraph 2 hereof;

8. It was then that the office of the Registry of

Deeds for Province of Nueva Ecija cancelled TCT
No. NT-284133 and issued TCT No. 041-
2015002679 in favor of PNB;

9. Despite demand, Spouses Lorenzo and

Demetria Santos, their heirs, assigns, agents,
successors-in-interest and all other persons
claiming rights under them who may be in
possession of said property including its
improvements, refused to surrender possession of
the property.
xxx xxx xxx

With the oppositor Lorenzo Santos' allegation that he is no

longer in possession of the subject property and third persons
are now in possession of the same, PNB has no cause of action
against Lorenzo, thus, the RTC issued the Resolution dated 13
June 2016 directing the issuance of the Writ of Possession in
favor of PNB, viz.:6

The above premises considered, issue the

corresponding Writ of Possession in favor of the
petitioner over the real property covered by
Transfer Certificate of Title No. 041-2015002679
with all the buildings and improvements thereon,
to be enforced by the Sheriff of the Court against
mortgagors/former owners, their successors,
heirs and assigns and any and all persons
claiming (sic) rights and interests under them
adverse to the petitioner.

SO ORDERED.

On 22 July 2016, petitioner Roman Arzanan, Jr.

(petitioner) filed a Motion for Reconsideration stressing that the
mortgagors, the late Demetria Arzanan and Lorenzo Santos, are
not the owners of the subject property, thus, they have no right
to mortgage it. He also manifested that the heirs of Roman
Arzanan filed a Complaint for Declaration of Nullity of Real
6
Rollo, pp. 67-68.
CA-G.R. SP No. 154645 Page 5 of 8
Decision

Estate Mortgage, among others against PNB. He further alleged

that he was the one who has been in possession of the subject
property and the house erected thereon is his family home.7

A Comment and/or Opposition8 was filed by PNB

defending its claim on the subject property.

On 20 November 2016, the RTC denied the Motion for

Reconsideration filed by petitioner.9 A Notice of Appeal10 was
then filed by petitioner which was denied by the RTC in its Order
dated 6 April 201711 taking into account that petitioner is not
indeed a party to the case.

Aggrieved, petitioner filed a Motion for Reconsideration 12

which was denied by the RTC in its Order dated 20 June 2017 13.

On 23 August 2017, petitioner filed a Motion to Stay the

Implementation of the Writ of Execution.14

On 20 November 2017, the RTC denied the petitioner's

Motion to Stay the Implementation of the Writ of Execution, to
wit:15

The plaintiff PNB is still the registered

owner of the subject property as records of
Registry of Deeds for the Province of Nueva Ecija
would reveal. No such transfer of ownership has
yet been effected as the contract entered by it with
the buyer Marie D. Tuliao is a mere Contract to
Sell.

WHEREFORE, the motion is hereby

DENIED. The Sheriff of this Court is heretofore
directed to implement with dispatch the
previously issued Writ of Possession in favor of
the petitioner over the real property covered by
7
Rollo, pp. 69-71.
8
Rollo, pp. 74-76.
9
Rollo, p. 77.
10
Rollo, pp. 78-79.
11
Rollo, pp. 82-83.
12
Rollo, pp. 84-86.
13
Rollo, p. 87.
14
Rollo, pp. 88-91.
15
Supra, note 2.
CA-G.R. SP No. 154645 Page 6 of 8
Decision

TCT No. 041-2015002679 with all the buildings

and improvements thereon.

SO ORDERED.

Undaunted, the petitioner filed a Motion for

Reconsideration16 which was denied by the RTC in its Order17
dated 5 January 2018.

Hence, this petition.

The Court’s Ruling

The petition is dismissed for having become moot and

academic.

A case or issue is considered moot and academic when it

ceases to present a justiciable controversy by virtue of
supervening events, so that an adjudication of the case or a
declaration on the issue would be of no practical value or use. In
such instance, there is no actual substantial relief which a
petitioner would be entitled to, and which would be negated by
the dismissal of the petition. Courts generally decline jurisdiction
over such case or dismiss it on the ground of mootness. This is
because the judgment will not serve any useful purpose or have
any practical legal effect because, in the nature of things, it
cannot be enforced.18

In this case, when petitioner voluntarily vacated the subject

property, it rendered moot his Petition for Certiorari assailing
the implementation of the Writ of Execution. The Sheriff's
Return states the following:19

This is to certify that the undersigned

Sheriff together with Sheriff Bienvenido De Lara
and Sheriff Mario Penetrante, implemented the
16
Supra, note 4.
17
Supra, note 3.
18
Peñafrancia Sugar Mill, Inc. v. Sugar Regulatory Administration, G.R. No. 208660, 5
March 2014.
19
Rollo, p. 225.
CA-G.R. SP No. 154645 Page 7 of 8
Decision

Writ of Possession dated June 29, 2016 with the

following, to wit:

That on February 13, 2018, the undersigned

together with Sheriff Bienvenido De Lara, Sheriff
Mario Penetrante and Ms. Odette Panganiban of
Philippine National Bank Cabanatuan City had a
conference with the PNB Chief of Zaragoza, Nueva
Ecija, PCI Mohammad Taufh S. Abdulahim and
Roman Arzanan, Jr.;

That during the said conference, Roman

Arzanan, Jr. agreed to voluntarily vacate the
property subject of the writ;

That by virtue of the Writ of Possession the

undersigned placed the petitioner, Philippine
National Bank, in full control and possession of
the described property in its petition, as evidenced
by the Sheriff's Turn Over of Possession dated
February 20, 2018, which is also hereto attached.

Wherefore, I now respectfully return the

original of the Writ of Possession DULY
COMPLIED to the Court of origin.

Cabanatuan City, February 23, 2018.

ANDREA C. EDUARDO (sgd.)

Sheriff IV

Thus, as a result of petitioner's voluntary compliance with

the writ, any issue arising from the issuance or enforcement of
such writ is rendered moot.20

20
Mejia-Espinoza v. Cariño, G.R. No. 193397, 25 January 2017.
CA-G.R. SP No. 154645 Page 8 of 8
Decision

ACCORDINGLY, the Petition for Certiorari is

DISMISSED.

SO ORDERED.

ORIGINAL SIGNED
TITA MARILYN PAYOYO-VILLORDON
Associate Justice

WE CONCUR:

ORIGINAL SIGNED
RICARDO R. ROSARIO
Associate Justice

ORIGINAL SIGNED
VICTORIA ISABEL A. PAREDES
Associate Justice

CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, it is
hereby certified that the conclusions in the above decision were
reached in consultation before the case was assigned to the
writer of the opinion of the Court.

RICARDO R. ROSARIO
Associate Justice
Chairperson, Tenth Division