JUDGES AND CLERKS OF COURTS OF THE REGIONAL TRIAL COURTS
IN EXTRA-JUDICIAL FORECLOSURE OF MORTGAGE.
For the information
and guidance of all concerned, quoted hereunder is the Resolution of
Court En Banc dated December 14, 1999 in Administrative Matter
99-10-05-0 Re: Procedure in Extra-Judicial Foreclosure of Mortgage.
Re: Procedure in Extra-Judicial Foreclosure of Mortgage.
"In line with
of an Executive Judge under Administrative Order No. 6, dated June 30,
1975, for the management of courts within his administrative area,
in which is the task of supervising directly the work of the Clerk of
who is also the Ex-Officio Sheriff and his staff, and the
of commissions to notaries public and enforcement of their duties under
the law, the following procedures are hereby prescribed in
foreclosure of mortgage:chanroblesvirtuallawlibrary
for extra-judicial foreclosure of mortgage whether under the direction
of the sheriff or a notary public, pursuant to Act 3135, as amended by
Act 4118, and Act 1508, as amended, shall be filed with the Executive
through the Clerk of Court who is also the Ex-Officio Sheriff.
of an application for extra-judicial foreclosure of mortgage, it shall
be the duty of the Clerk of Court to:chanroblesvirtuallawlibrary
said application and to stamp thereon the corresponding file number,
and time of filing;
fees therefor and issue the corresponding official receipt.
examine, in case
of real estate mortgage foreclosure, whether the applicant has complied
with all the requirements before the public auction is conducted under
the direction of the sheriff or a notary public, pursuant to Sec. 4 of
Act 3135, as amended;
the certificate of sale, subject to the approval of the Executive
or in his absence, the Vice-Executive Judge;
of sale has been issued to the highest bidder, keep the complete
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
after which the records shall be archived.
concerns the extra-judicial foreclosure of mortgages of real estates
chattels in different locations covering one indebtedness, only one
fee corresponding to such indebtedness shall be collected. The
Clerk of Court shall, apart from the official receipt of the fees,
a certificate of payment indicating the amount of indebtedness, the
fees collected, the mortgages sought to be foreclosed, the real estates
and/or chattels mortgages and their respective locations, which
shall serve the purpose of having the application docketed with the
of Court of the places where the other properties are located and of
the extrajudicial foreclosure to proceed thereat.
of auction sale in extra-judicial foreclosure for publication by the
or by a notary public shall be published in a newspaper of general
pursuant to Section 1, Presidential Decree No. , dated January
1977, and non-compliance therewith shall constitute a violation of
Judge shall, with the assistance of the Clerk of Court, raffle
for extrajudicial foreclosure of mortgage under the direction of the
among all sheriffs, including those assigned to the Office of the Clerk
of Court and Sheriff IV assigned in the branches.cralaw
shall be held unless there are at least two (2) participating bidders,
otherwise the sale shall be postponed to another date. If on the new
set for the sale there shall not be at least two bidders, the sale
then proceed. The names of the bidders shall be reported by the sheriff
or the notary public who conducted the sale to the Clerk of Court
the issuance of the certificate of sale.
amends or modifies accordingly Administrative Order No. 3 issued by the
then Chief Justice Enrique M. Fernando on 19 October 1984 and Administrative
Circular No. 3-98 issued by [then] Chief Justice Andres R. Narvasa
on 5 February 1998.cralaw
may issue the necessary guidelines for the effective enforcement of
shall cause the publication of this Resolution in a newspaper of
circulation not later than 27 December 1999 and furnish copies to the
Bar of the Philippines.cralaw
shall take effect on the fifteenth day of January of the year 2000.cralaw
day of December 1999 in the City of Manila."