Philippine National Bank vs. DKS International Inc. and Michael Dy

Philippine National Bank vs. DKS International Inc. and Michael Dy

[G.R. No. 179161, 610 SCRA 603, January 22, 2010]

Facts: Considering that the sub-lessee which was ordered by the court to surrender possession of the disputed property in a case for forcible entry no longer possessed the same, having already surrendered possession thereof to the lessor and not to the prevailing party which is the lessee, the Regional Trial Court (RTC) recalled the Writ of Execution with Break Open it earlier issued. 

Issue: Was the recall proper?

Held: Yes. Before said writ could be implemented, inescapable material facts and circumstances were brought to the attention of the RTC. The respondents had already surrendered possession of the subject premises to the government. Clearly, the portion of the Decision ordering respondents to vacate the subject property and peacefully surrender possession thereof to petitioner has become impossible to implement. For how can respondents surrender possession of the premises when they were no longer in possession? And, as correctly observed by the RTC, it would be a misstep if the government which is admittedly the owner of the subject property and which was not a party to the ejectment case, would be ordered to vacate the same in order that possession thereof may be delivered to petitioner. We thus hold that under these circumstances, the recall of the writ of execution with break open order was warranted.