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PRESIDENTIAL DECREE NO. 1079
PRESIDENTIAL DECREE NO. 1079 -
REVISING AND CONSOLIDATING ALL LAWS AND DECREES REGULATING PUBLICATION
OF JUDICIAL NOTICES, ADVERTISEMENTS FOR PUBLIC BIDDINGS, NOTICES OF
AUCTION SALES AND OTHER SIMILAR NOTICES
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WHEREAS, in
order to better serve the public good, it is necessary to properly
disseminate information contained in judicial notices, advertisements
for public biddings, notices of auction sales and other similar notices
required by Republic Act No. 4569, as amended by Republic Act No. 4883
and Presidential Decree No. 795; chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 19 has further amended the
above-mentioned law by authorizing the publication of the said notices
in any existing newspaper or periodical in any part of the country
during the present national emergency;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to revise Presidential Decree No. 19
to preclude any confusion in the distribution of the notices referred
to above;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 19 was intended merely as an emergency
measure to prevent the paralyzation of the normal transactions of the
government and the private sector that might have resulted from the
scarcity of newspapers in the provinces during the early stages of
martial law, which possibility no longer exists today; chanroblesvirtualawlibrary
WHEREAS, to better implement the philosophy behind the publication of
the above-mentioned notices and announcements and prevent cross
commercialism and unfair competition among community newspapers, which
conditions prove to be inimical to the development of a truly free and
responsible press, it is necessary to revise and consolidate all laws
and decree affecting the publication of judicial notices and other
announcements herein referred to;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by law, do hereby order and decree
the following:cralaw:red
Section 1. All notices of auction sales in
extra-judicial foreclosure of real estate mortgage under Act No. 3135
as amended, judicial notices such as notices of sale on execution of
real properties, notices in special proceedings, court orders and
summonses and all similar announcements arising from court litigation
required by law to be published in a newspaper or periodical of general
circulation in particular provinces and/or cities shall be published in
newspapers or publications published, edited and circulated in the same
city and/or province where the requirement of general circulation
applies: Provided, That the province or city where the publication's
principal office is located shall be considered the place where it is
edited and published: Provided, further, That in the event there is no
newspaper or periodical published in the locality, the same may be
published in the newspaper or periodical published, edited and
circulated in the nearest city or province: Provided, finally, That no
newspaper or periodical which has not been authorized by law to publish
and which has not been regularly published for at least one year before
the date of publication of the notices or announcements which may be
assigned to it shall be qualified to publish the said notices. chanroblesvirtualawlibrary
Section 2. The executive judge of the court of first
instance shall designate a regular working day and a definite time each
week during which the said judicial notices or advertisements shall be
distributed personally by him for publication to qualified newspapers
or periodicals as defined in the preceding section, which distribution
shall be done by raffle: Provided, That should the circumstances
require that another day be set for the purpose, he shall notify in
writing the editors and publishers concerned at least three (3) days in
advance of the designated date: Provided, further, That the
distribution of the said notices by raffle shall be dispensed with in
case only one newspaper or periodical is in operation in a particular
province or city.
Section 3. No newspaper or periodical shall charge
for the publication of the said notices and announcements less than ten
pesos (P10.00) per column inch, nor more than eighty percent (80%) of
their regular commercial display advertising rates: Provided, That
publications whose regular commercial advertising rates are lower than
ten pesos (P10.00) shall not charge below ten pesos (P10.00) per column
inch for the publication of the above-mentioned notices and
announcements: Provided, further, That in the case of publications that
do not carry commercial display advertising, the rate for the
publication of legal and judicial notices shall be fixed at ten pesos
(P10.00) per column inch: Provided, finally, That newspapers or
periodicals may only charge more than ten pesos (P10.00) up to eighty
percent (80%) of their regular commercial display advertising rates
when there is proper and adequate proof that the rate claimed is the
regular commercial display advertising rate.
Section 4. In the publication of the legal and
judicial notices referred to above, newspapers or periodicals shall use
less but not more than eight (8) points for the text, less but not more
than ten (10) points for the heading, and more but not less than nine
(9) ems column width; Provided, That the printing of the text and
heading shall be solid, without slugs or leads between lines and
margins;chanroblesvirtualawlibrary
Section 5. No publishers, editor, media personnel or
any other person shall directly or indirectly offer or give money,
commission or gift of any kind to executive judges of the court of
first instance or any court employee in consideration of the award of
legal and judicial notices and similar announcements defined in section
1 hereof. Neither shall the latter directly or indirectly demand of or
receive from the former money, commission or gifts of any kind in
consideration of any publication herein referred to.
Section 6. Violation of any provision of this Decree
shall be punished by a fine or not less than five thousand pesos
(P5,000.00) nor more than twenty thousand pesos (P20,000.00) and
imprisonment for not less than (6) months nor more than two (2) years.
The offending executive judge or court personnel shall be perpetually
disqualified from holding any public office in the government.
Section 7. Any provision of law, decree, executive
order, rule or regulation contrary to or inconsistent with the
provisions of this decree are hereby amended, modified or repealed
accordingly.
Section 8. This Decree shall take effect immediately.
Done in the City of Manila,
this 28th day of January in the year of Our Lord, nineteen hundred and
seventy-seven.
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Since 19.07.98
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