No hearing required to get writ of possession
No hearing is required prior to the issuance of a writ of possession. This is clear from the following disquisitions in the case of Espinoza v. United Overseas Bank Phils. which reiterates the settled rules on writs of possession, to wit:
The proceeding in a petition for a writ of possession is ex parte and summary in nature. It is a judicial proceeding brought for the benefit of one party only and without notice by the court to any person adverse of interest. It is a proceeding wherein relief is granted without giving the person against whom the relief is sought an opportunity to be heard.
By its very nature, an ex parte petition for issuance of a writ of possession is a non-litigious proceeding. It is 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 of a wrong or protection of a right, or the prevention or redress of a wrong. (G.R. No. 175380. March 22, 2010, 616 SCRA 353)