ADMINISTRATIVE
ORDER NO. 3 [1984]
TO: ALL
EXECUTIVE JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS
SUBJECT:
PROCEDURE IN EXTRAJUDICIAL FORECLOSURE OF MORTGAGE.
In line with
the
responsibility of an Executive Judge under Administrative Order No. 6
dated
June 30, 1975, for the management of Courts within his administrative
area,
included in which is the task of supervising directly the work of the
Clerk
of Court, who is also the Ex Officio Sheriff and his staff, the
undersigned, pursuant to a Resolution of this Court dated September 18,
1984, sets forth the procedure to be followed:chanrobles virtual law library
[1] All
applications
for extrajudicial foreclosure of mortgage under Act 3135, as amended by
Act 4118 and Act 1508, as amended, shall be filed with the Executive
Judge,
through the Clerk of Court who is also the Ex Officio Sheriff;
[2] Upon
receipt
of an application for extrajudicial foreclosure of mortgage, it shall
be
the duty of the Office of the Sheriff to:chanroblesvirtuallawlibrary
(a)
receive and
docket said application and to stamp the same with the corresponding
file
number and date of filing;
(b) collect
the filing
fees therefor and issue the corresponding official receipt;
(c)
examine, in case
of real estate mortgage foreclosure, whether the applicant has complied
with all the requirements before the public auction is conducted under
its direction or under the direction of a notary public, pursuant to
Sec.
4 of Act 3135, as amended;
(d) sign
and issue
certificate of sale, subject to the approval of the Executive Judge or,
in his absence, the Vice-Executive Judge; and cralaw:red
(e) turn
over, after
the certificate of sale has been issued to the highest bidder, the
complete
folder to the Records Section, Office of the Clerk of Court, while
awaiting
any redemption within a period of one [1] year from date of
registration
of the certificate of sale with the Register of Deeds concerned, after
which, the records shall be archived.
[3] The
notices of auction
sale in extrajudicial foreclosure for publication by the Sheriff or by
a notary public shall be published in a newspaper of general
circulation
pursuant to Section 1, Presidential Decree No.1709, dated January 26,
1977
and non-compliance therewith shall constitute a violation of Section 6
thereof;
[4] The
Executive
Judge shall assign with the assistance of the Clerk of Court and Ex
Officio Sheriff, the cases by raffle among the Deputy Sheriffs,
under
whose direction the auction sale shall be made. Raffling shall be
strictly
enforced in order to avoid unequal distribution of cases and
fraternization
between the Sheriff and the applicant-mortgage, such as banking
institutions,
financing companies and others.cralaw:red This procedure
shall
take effect as of this date and shall continue in full force and effect
until further orders from this Court.
Manila, October 19,
1984.
[Sgd.]
ENRIQUE
M. FERNANDOChief
Justice
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