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Sec. 6.

In all cases in which an extrajudicial sale is made


under the special power hereinbefore referred to, the
ACT NO. 3135 - AN ACT TO REGULATE THE SALE OF debtor, his successors in interest or any judicial creditor
PROPERTY UNDER SPECIAL POWERS INSERTED IN OR or judgment creditor of said debtor, or any person
ANNEXED TO REAL-ESTATE MORTGAGES having a lien on the property subsequent to the
mortgage or deed of trust under which the property is
sold, may redeem the same at any time within the term
of one year from and after the date of the sale; and
Section 1. When a sale is made under a special power such redemption shall be governed by the provisions of
inserted in or attached to any real-estate mortgage sections four hundred and sixty-four to four hundred
hereafter made as security for the payment of money or and sixty-six, inclusive, of the Code of Civil Procedure, in
the fulfillment of any other obligation, the provisions of so far as these are not inconsistent with the provisions
the following election shall govern as to the manner in of this Act.
which the sale and redemption shall be effected,
whether or not provision for the same is made in the Sec. 7. In any sale made under the provisions of this Act,
power. the purchaser may petition the Court of First Instance of
the province or place where the property or any part
Sec. 2. Said sale cannot be made legally outside of the thereof is situated, to give him possession thereof
province in which the property sold is situated; and in during the redemption period, furnishing bond in an
case the place within said province in which the sale is amount equivalent to the use of the property for a
to be made is subject to stipulation, such sale shall be period of twelve months, to indemnify the debtor in
made in said place or in the municipal building of the case it be shown that the sale was made without
municipality in which the property or part thereof is violating the mortgage or without complying with the
situated. requirements of this Act. Such petition shall be made
under oath and filed in form of an ex parte motion in
Sec. 3. Notice shall be given by posting notices of the the registration or cadastral proceedings if the property
sale for not less than twenty days in at least three public is registered, or in special proceedings in the case of
places of the municipality or city where the property is property registered under the Mortgage Law or under
situated, and if such property is worth more than four section one hundred and ninety-four of the
hundred pesos, such notice shall also be published once Administrative Code, or of any other real property
a week for at least three consecutive weeks in a encumbered with a mortgage duly registered in the
newspaper of general circulation in the municipality or office of any register of deeds in accordance with any
city. existing law, and in each case the clerk of the court
shall, upon the filing of such petition, collect the fees
Sec. 4. The sale shall be made at public auction, specified in paragraph eleven of section one hundred
between the hours or nine in the morning and four in and fourteen of Act Numbered Four hundred and
the afternoon; and shall be under the direction of the ninety-six, as amended by Act Numbered Twenty-eight
sheriff of the province, the justice or auxiliary justice of hundred and sixty-six, and the court shall, upon
the peace of the municipality in which such sale has to approval of the bond, order that a writ of possession
be made, or a notary public of said municipality, who issue, addressed to the sheriff of the province in which
shall be entitled to collect a fee of five pesos each day the property is situated, who shall execute said order
of actual work performed, in addition to his expenses. immediately.

Sec. 5. At any sale, the creditor, trustee, or other Sec. 8. The debtor may, in the proceedings in which
persons authorized to act for the creditor, may possession was requested, but not later than thirty days
participate in the bidding and purchase under the same after the purchaser was given possession, petition that
conditions as any other bidder, unless the contrary has the sale be set aside and the writ of possession
been expressly provided in the mortgage or trust deed cancelled, specifying the damages suffered by him,
under which the sale is made. because the mortgage was not violated or the sale was
not made in accordance with the provisions hereof, and
the court shall take cognizance of this petition in
accordance with the summary procedure provided for
in section one hundred and twelve of Act Numbered
Four hundred and ninety-six; and if it finds the
complaint of the debtor justified, it shall dispose in his
favor of all or part of the bond furnished by the person
who obtained possession. Either of the parties may
appeal from the order of the judge in accordance with
section fourteen of Act Numbered Four hundred and
ninety-six; but the order of possession shall continue in
effect during the pendency of the appeal.

Sec. 9. When the property is redeemed after the


purchaser has been given possession, the redeemer
shall be entitled to deduct from the price of redemption
any rentals that said purchaser may have collected in
case the property or any part thereof was rented; if the
purchaser occupied the property as his own dwelling, it
being town property, or used it gainfully, it being rural
property, the redeemer may deduct from the price the
interest of one per centum per month provided for in
section four hundred and sixty-five of the Code of Civil
Procedure.

Sec. 10. This Act shall take effect on its approval.

Approved: March 6, 1924


ACT NO. 4118 - AN ACT TO AMEND ACT NUMBERED shall, upon the filing of such petition, collect the fees
THIRTY-ONE HUNDRED AND THIRTY-FIVE, ENTITLED "AN specified in paragraph eleven of section one hundred
ACT TO REGULATE THE SALE OF PROPERTY UNDER and fourteen of Act Numbered Four hundred and
SPECIAL POWERS INSERTED IN OR ANNEXED TO REAL- ninety-six, as amended by Act Numbered Twenty-eight
ESTATE MORTGAGES." hundred and sixty-six, and the court shall, upon
approval of the bond, order that a writ of possession
issue, addressed to the sheriff of the province in which
the property is situated, who shall execute said order
Section 1. Section six of Act Numbered Thirty-one immediately.
hundred and thirty-five, entitled "An Act to regulate the
sale of property under special powers inserted in or "Section 8. The debtor may, in the proceedings in which
annexed to real-estate mortgages," is hereby amended possession was requested, but not later than thirty days
to read as follows: after the purchaser was given possession, petition that
the sale be set aside and the writ of possession
"Section 6. In all cases in which an extrajudicial sale is cancelled, specifying the damages suffered by him,
made under the special power hereinbefore referred to, because the mortgage was not violated or the sale was
the debtor, his successors in interest or any judicial not made in accordance with the provisions hereof, and
creditor or judgment creditor of said debtor, or any the court shall take cognizance of this petition in
person having a lien on the property subsequent to the accordance with the summary procedure provided for
mortgage or deed of trust under which the property is in section one hundred and twelve of Act Numbered
sold, may redeem the same at any time within the term Four hundred and ninety-six; and if it finds the
of one year from and after the date of the sale; and complaint of the debtor justified, it shall dispose in his
such redemption shall be governed by the provisions of favor of all or part of the bond furnished by the person
sections four hundred and sixty-four to four hundred who obtained possession. Either of the parties may
and sixty-six, inclusive, of the Code of Civil Procedure, in appeal from the order of the judge in accordance with
so far as these are not inconsistent with the provisions section fourteen of Act Numbered Four hundred and
of this Act." ninety-six; but the order of possession shall continue in
effect during the pendency of the appeal.
Sec. 2. The following three sections are hereby inserted
after section six of said Act Numbered Thirty-one "Section 9. When the property is redeemed after the
hundred and thirty-five: purchaser has been given possession, the redeemer
shall be entitled to deduct from the price of redemption
"Section 7. In any sale made under the provisions of this any rentals that said purchaser may have collected in
Act, the purchaser may petition the Court of First case the property or any part thereof was rented; if the
Instance of the province or place where the property or purchaser occupied the property as his own dwelling, it
any part thereof is situated, to give him possession being town property, or used it gainfully, it being rural
thereof during the redemption period, furnishing bond property, the redeemer may deduct from the price the
in an amount equivalent to the use of the property for a interest of one per centum per month provided for in
period of twelve months, to indemnify the debtor in section four hundred and sixty-five of the Code of Civil
case it be shown that the sale was made without Procedure."
violating the mortgage or without complying with the
requirements of this Act. Such petition shall be made Sec. 3. The number of the present section seven of said
under oath and filed in form of an ex parte motion in Act Numbered Thirty-one hundred and thirty-five is
the registration or cadastral proceedings if the property hereby changed, making it section ten.
is registered, or in special proceedings in the case of
property registered under the Mortgage Law or under Sec. 4. This Act shall take effect on its approval.
section one hundred and ninety-four of the
Administrative Code, or of any other real property Approved: December 7, 1933
encumbered with a mortgage duly registered in the
office of any register of deeds in accordance with any
existing law, and in each case the clerk of the court