The Kinds of Actions




Petitions for Issuance of Writ of Possession Not Ordinary Civil Action


An ex parte petition for issuance of a possessory writ under Section 7 of Act 3135[, as amended,] is not, strictly speaking, a "judicial process" as contemplated above. Even if the same may be considered a judicial proceeding for the enforcement of one’s right of possession as purchaser in a foreclosure sale, it is not an ordinary suit filed in court by which one party "sues another for the enforcement or protection of a right, or the prevention or redress of a wrong." (DBP vs. Prime Neighborhood Association, G.R. Nos. 175728 & 178914, 08 May 2009)