

|
|
|
In line with the
responsibility of an Executive Judge under Administrative Order No. 6,
dated June 30, 1975, for the management of courts within his
administrative
area, included in which is the task of supervising the work of the
Clerk
of Court, who is also the Ex-Officio Sheriff, and his staff,
and
the issuance of commissions to notaries public and enforcement of their
duties under the law, the following procedures are hereby prescribed in
extrajudicial foreclosure of mortgages:
2. Upon receipt of an application for extra-judicial foreclosure of mortgage, it shall be the duty of the Clerk of Court to:
(b) collect the filing fees therefor pursuant to Rule 141, Section 7 (c), as amended by A.M. No. 00-2-01-SC, and issue the corresponding official receipt; (c) 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; (d) sign and issue the certificate of sale, subject to the approval of the Executive Judge, or in his absence, the Vice-Executive Judge. No certificate of sale shall be issued in favor of the highest bidder until all fees provided for in the aforementioned sections and in Rule 141, Section 9(1) as amended by A.M. No. 00-2-01-SC, shall have been paid: Provided, that in no case shall the amount payable under Rule 141, Section 9(1), as amended, exceed P100,000.00; (e)
after the certificate
of sale has been issued to the highest bidder, keep the complete
records,
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
concerned,
after which the records shall be archived.
4. The Executive Judge shall, with the assistance of the Clerk of Court, raffle applications for extrajudicial foreclosure of mortgage under the direction of the sheriff among all sheriffs, including those assigned to the Office of the Clerk of Court and Sheriffs IV assigned in the branches. 5. The name/s of the bidder/s shall be reported by the sheriff or the notary public who conducted the sale to the Clerk of Court before the issuance of the certificate of sale. This Resolution amends
or modifies accordingly Administrative Order No. 3 issued by then Chief
Justice Enrique M. Fernando on 19 October 1984 and Administrative
Circular
No. 3-98 issued by the Chief Justice Andres R. Narvasa on 5 February
1998.
The Court Administrator may issue the necessary guidelines for the effective enforcement of this Resolution. The Clerk of Court shall cause the publication of this Resolution in a newspaper of general circulation not later than February 13, 2001 and furnish copies thereof to the Integrated Bar of the Philippines. This Resolution shall take effect on the 1st day of March of the year 2001. Enacted this 30th
day of January 2001, in the City of Manila.
Davide, Jr.,
C.J., Bellosilo, Melo, Vitug, Kapunan, Mendoza, Panganiban,
Quisumbing,
Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, De Leon, Jr., and
Gutierrez,
JJ. concur.
|
|
|
|
|



|
|
|
|
|
|
|
|
|

