October 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. 10-8-261-RTC : October 04, 2011]
REQUEST OF METROBANK'S COUNSEL THAT THE FILING FEES PAID TO THE RTC-MAKATI CITY IN ITS FIRST REQUEST FOR EXTRA-JUDICIAL FORECLOSURE BE APPLIED TO THE 2ND EXTRA-JUDICIAL FORECLOSURE
"A.M. No. 10-8-261-RTC (Request of Metrobank's Counsel that the Filing Fees Paid to the RTC-Makati City in its First Request for Extra-judicial Foreclosure be Applied to the 2nd Extra-Judicial Foreclosure).
RESOLUTION
In the resolution of August 31, 2010, the Court resolved to grant Metrobank's request that the filing fee it had paid for the first application for extra-judicial foreclosure in Metropolitan Bank and Trust Company v. Diomampo Industries, Inc. (now Global Holiday Ownership Corporation), Foreclosure S-06-040, before the Office of the Clerk of Court (OCC) of the Regional Trial Court (RTC) of Makati City, be applied to its second application for extra-judicial foreclosure.
In the Letter dated September 13, 2011, counsel for Metrobank now informs the Court that they had submitted the second Request for Extra-judicial Foreclosure Proceedings involving the same property through their letter dated June 27, 2011. However, before their request can be acted on, Metrobank and Global Holiday Ownership Corporation had settled their differences and Metrobank informed the OCC of RTC-Makati that it would no longer re-file the second request. Metrobank now requests that the filing fee of P278,258.50 for the first Request for Extra-Judicial Foreclosure be either refunded or applied to future requests for extra-judicial foreclosure that they may file before the OCC of RTC-Makati City.
ACCORDINGLY, the Letter dated September 13, 2011 is NOTED and Metrobank's request that the filing fee it had paid for the first application for extra-judicial foreclosure be applied to future extra-judicial foreclosure applications it may file before the Office of the Clerk of Court of the Regional Trial Court-Makati City is GRANTED."
Very truly yours,
Clerk of Court