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ADMINISTRATIVE CIRCULAR NO. 3-98.
ADMINISTRATIVE CIRCULAR NO. 3-98

TO:  ALL JUDGES, CLERK OF COURT AND SHERIFFS OF THE REGIONAL TRIAL COURT

SUBJECT : 

        [A] RAFFLE OF EXTRAJUDICIAL FORECLOSURE OF MORTGAGE CASES AMONG SHERIFFS; AND
[B] SUPPLEMENT TO AND CLARIFICATION OF THE PROCEDURE IN EXTRAJUDICIAL FORECLOSURE OF MORTGAGES IN DIFFERENT LOCATIONS COVERING ONE INDEBTEDNESS (A) Raffle of Extrajudicial Foreclosure of Mortgage Cases

We have received numerous queries from clerks of court and sheriffs whether the executive judge can include sheriffs, assigned in the different branches [now designated as sheriffs IV] in the raffle of extrajudicial foreclosure of mortgages sales under ACT 3135, as amended, without violating Administrative Order No. 3 dated October 19, 1984.cralaw

We have studied the matter thoroughly. For clarity and uniformity of implementation; for equality of distribution of workload among sheriffs especially with the creation of more special courts; and to minimize fraternization between sheriffs and applicant-mortgagees, paragraph 4 of the aforesaid Administrative Order No.3 is amended as follows:chanrobles virtual law library

4. The Executive Judge shall, with the assistance of the Clerk of Court and Ex-Officio Sheriff, raffle extra-judicial foreclosure sales cases among all Sheriffs including those assigned to the Office of the Clerk of Court, and Sheriffs IV assigned in the branches. We likewise reiterate the following instructions:chanroblesvirtuallawlibrary 1. The Executive Judge shall supervise the raffle with the assistance of the Clerk of Court. A Sheriff to whom the case has been raffled shall be excluded in the succeeding raffles and shall participate again only after all other Sheriffs shall have been raffled a case each. This order shall take effect on this date and shall continue until further orders from this court. All other instructions not in conflict with the amendments in this order shall continue to be in effect. Any administrative problem that may arise in the implementation or interpretation of the above shall be brought to the attention of the Court Administrator.


February 5, 1998.

         

[Sgd.] ANDRES R. NARVASA
Chief Justice 
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