CIRCULAR
NO. 6-93
TO:
EXECUTIVE
JUDGES, CLERKS OF COURT AND DEPUTY SHERIFFS OF ALL TRIAL COURTS
SUBJECT:
SECTION 22, RULE 39 AND SECTION 7, RULE 141 OF THE RULES OF COURT
REITERATED
IN ADM. MATTER NO. P-89-290 [OCA VS. RAMON G. ENRIQUEZ].
Attention is called
to a recent decision of the Court En Banc in "Office of the
Court
Administrator, Complainant vs. Ramon G. Enriquez, Respondent"
in
Adm. Matter No. P-89-290, reiterating the provision of Section 22, Rule
39 of the Rules of Court which requires that the highest bidder in a
public
auction sale must produce the cash corresponding to the submitted bid
for
delivery to the judgment debtor, otherwise, failure to produce the cash
payment is equivalent to the refusal to pay and the Sheriff may again
sell
the property to a highest bidder.cralaw:red
The Court also reiterated
that pursuant to Sec. 7, Rule 141, Sheriff’s fees must be collected on
all amounts received by the Sheriff in satisfaction of a judgment.cralaw:red
All Executive Judges
must monitor payment of all Sheriff’s fees.cralaw:red
Strict compliance
is hereby enjoined.
February 9,
1993.
[Sgd.]
ERNANI
CRUZ PAÑOCourt
Administrator
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