7 Delos Reyes v. Ramnani PDF
7 Delos Reyes v. Ramnani PDF
7 Delos Reyes v. Ramnani PDF
* FIRST DIVISION.
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6 Id., at p. 62.
7 Id., at p. 33.
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8 Id., at p. 15.
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10 Calacala v. Republic of the Philippines, 502 Phil. 681, 691; 464
SCRA 438, 446-447 (2005).
11 SECTION 4. Hearing of motion.—Except for motions which the
court may act upon without prejudicing the rights of the adverse party,
every written motion shall be set for hearing by the applicant.
Every written motion required to be heard and the notice of the
hearing thereof shall be served in such a manner as to ensure its receipt
by the other party at least three (3) days before the date of hearing, unless
the court for good cause sets the hearing on shorter notice.
12 Id.
13 Section 33, Rule 39 provides:
SECTION 33. Deed and possession to be given at expiration of
redemption period; by whom executed or given.—If no redemption
be made within one (1) year from the date of the registration of the
certificate of sale, the purchaser is entitled to a conveyance and
possession of the property; x x x. The deed shall be executed by the
officer making the sale or by his suc-
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cessor in office, and in the latter case shall have the same validity as
though the officer making the sale had continued in office and executed it.
Upon the expiration of the right of redemption, the purchaser or
redemptioner shall be substituted to and acquire all the rights, title,
interest and claim of the judgment obligor to the property as of the time of
the levy. The possession of the property shall be given to the purchaser or
last redemptioner by the same officer unless a third party is actually
holding the property adversely to the judgment obligor.
14 Rollo, pp. 92-94.