FACTS:

China Banking Corporation granted three loans totaling P27,353,000.00 to TransAmerican Sales and Exposition, Inc. The loans were secured by real estate mortgages on forty-five parcels of land owned by Jesus Garcia. The mortgages were registered in the Registry of Deeds of Quezon City. Due to TransAmerican's failure to pay its loans, China Banking Corporation foreclosed the mortgages and purchased the properties at public auction. On October 4, 1990, China Banking Corporation filed a petition for a writ of possession with the Regional Trial Court (RTC) of Quezon City. On April 10, 1991, the trial court granted the petition and placed China Banking Corporation in possession of the 45 parcels of land. Spouses Oscar and Lolita Ordinario filed a motion for reconsideration, seeking to exclude the property covered by TCT No. 7637 from the order. They claimed to have purchased the land and filed a complaint with the HLURB against China Banking Corporation and others. The trial court denied their motion. On appeal, the Court of Appeals set aside the trial court's order and excluded the property covered by TCT No. 7637 from the writ of possession. China Banking Corporation filed a petition for review on certiorari.

ISSUES:

1. Whether the property covered by Transfer Certificate of Title No. 7637 should be excluded from the order granting the writ of possession.

2. Whether the trial court had jurisdiction to pass upon the merits of the motion for reconsideration.

RULING:

1. The Court of Appeals held that the property covered by Transfer Certificate of Title No. 7637 should be excluded from the order granting the writ of possession.

2. The Court did not discuss the issue of jurisdiction.

PRINCIPLES:

• A motion for reconsideration may be filed to exclude a specific property from the order granting the writ of possession.

• The Court did not examine the jurisdiction issue.