| CIRCULAR
NO. 5-98
TO: ALL
EXECUTIVE
JUDGES
SUBJECT:
REQUIREMENTS FOR THE PUBLICATION OF JUDICIAL NOTICES AND OTHER SIMILAR
ANNOUNCEMENTS.
To forestall
complaints
from publishers of newspares relative to the participation of
publications
not qualified to publish judicial notices and other similar
announcements
in the distribution by raffle of the said notices and other similar
announcements
in the distribution by raffle of the said notices and to prevent the
commission
of any irregularity, unnecessary commercialism and unfair competition
among
community newspapers, all Executive Judges concerned should strictly
comply
with the following provisions of Presidential Decree No. 1079
[1977]:
1.
"SECTION 1.
All notices of auction sales in extrajudicial 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
orders and/or periodical of general circulation in particular provinces
and/or cities shall 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;" and
2. "SEC. 2.
The Executive
Judge of the [Regional Trial Court] 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 periodicals is in operation in a
particular
province or city."
Attention is
also invited
to the following provisions of Presidential Decree No. 1079:
1. "SEC.
5. No
publishers, editors, 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 [Regional Trial Courts] 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;" and
2. "SEC. 6.
Violation
of any provision of this Decree shall be punished by a fine of not less
than five thousand pesos [P5,000.00] nor more than
twenty
thousand pesos [P20,000.00] and imprisonment for not
less
than six [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."
For strict
compliance.
[Sgd.]
ALFREDO
L. BENIPAYOCourt
Administrator
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