CIRCULAR
NO. 8[1987]
TO: COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL
COURTS
IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS,
SHARI'A
CIRCUIT COURTS, INTEGRATED BAR OF THE PHILIPPINES AND MAJOR VOLUNTARY
BAR
ASSOCIATIONS
SUBJECT:
AMENDMENT OF RULE 39, SECTION 18 OF THE RULES OF COURT ON NOTICE OF
SALE
OF PROPERTY ON EXECUTION.
For the
information
and guidance of all concerned, quoted hereunder is the Resolution of
the
Court En Banc dated April 7, 1987 in "Re: Amendment of Rule
39,
Section 18 of the Rules of Court on Notice of Sale of Property on
Execution":chanroblesvirtuallawlibrary
"Re:
Amendment
of Rule 39, Section 18 of the Rules of Court on Notice of Sale of
Property
on Execution. - The Court resolved to approve the following
amendments
of Rule 39, Section 18[c] of the Rules of Court on Notice of Sale of
Property
on Execution which consists of [1] publication, in addition to posting,
is required where the assessed value of the real property subject of
sale
on execution exceeds P50,000.00 (increased from P400.00 under the
present
provision); [2] such publication of the notice of sale shall be made
once
a week for two (2) consecutive weeks (instead of for twenty [20] days),
in some newspapers published or having general circulation in the
province;
[3] in places where newspapers are published in English and/or
Filipino,
publication shall be made in one such newspaper (instead of publishing
said notice in both the English and Spanish newspapers as presently
provided
in the Rules); as well as the addition of paragraph (d) in said Section
18, imposing the requirement that, in all cases, written notice of the
sale must be given to the judgment debtor. The text of the amendments
follows:
‘RULE 39
'EXECUTION,
SATISFACTION
AND EFFECT OF JUDGMENTS
'Sec. 18. Notice
of sale of property on execution. — Before the sale of property on
execution, notice thereof must be given as follows:
'[a] xxx
'[b] xxx
'[c] In
case of real
property, by posting for twenty (20) days in three (3) public places in
the municipality or city where the property is situated, a similar
notice
particularly describing the property and stating where the property is
to be sold, and if the assessed value of the property exceeds Fifty
thousand
pesos (P50,000.00), by publishing a copy of the notice once a week for
two (2) consecutive weeks in some newspapers published or having
general
circulation in the province, if there be one. If there are newspapers
published
in the province in English and/or Filipino, then the publication shall
be made in one such newspaper.
'[d] In all
cases,
written notice of the sale shall be given to the judgment debtor.'
"Let copies
hereof
be circulated among all Courts, the Integrated Bar of the Philippines
and
major voluntary bar associations."
Please be
guided accordingly.
May 15, 1987.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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