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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.
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:
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:
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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