Professional Documents
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Procedure in Extra
Procedure in Extra
99-10-
05-0)
EN BANC
a) receive and docket said application and to stamp thereon the corresponding file
number, date and time of filing;
b) collect the filing fees therefore 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. Notwithstanding the
foregoing provision, juridical persons whose property is sold pursuant to an extra-
judicial foreclosure, shall have the right to redeem the property until, but not after,
the registration of the certificate of foreclosure sale which in no case shall be more
than three (3) months after foreclosure, whichever is earlier, as provided in Section
47 of Republic Act No. 8791 (as amended, Res. Of August 7, 2001).
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.
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 nuewspaper
of general circulation not later than August 14, 2001 and furnish copies thereof to
the Integrated Bar of the Philippines.
EXTRAJUCIAL FORECLOSURE
WHERE SHOULD AN EXTRAJUDICIAL FORECLOSURE SALE BE DONE?
> Sale cannot be made legally outside the city or province wherein the
property sold is situated. In case the place has been stipulated, it shall be
made in the municipal building of the said place
NOTICE OF THE SALE
1. POSTING of the notices of the sale FOR NOT LESS THAN 20 DAYS
in at least 3 public places of the municipality or city where the property is
situated
2. IF THE PROPERTY IS WORTH MORE THAN P400, such notice shall
also be published once a week at least 3 consecutive weeks in a newspaper of
general circulation in the municipality or city. (You don't need to count 6 days
between publications.)
NOTE: there is jurisprudence, which held that there is sufficient notice when
there is publication.
PUBLIC AUCTION/SALE
1. Time shall be between 9AM and 4PM. It shall be made in the direction of
the sheriff of the province, the justice or auxiliary justice of the peace of the
municipality, or of the notary public of the municipality, who shall be
compensated with P5 for each day of actual work or performance in addition
to his expenses.
2. Anyone may bid at the sale, unless there are stipulations in the agreement.
POSSESSION
> Upon foreclosure, if the mortgagor is in possession of the property, he will
retain possession during the redemption period—1 year from the date of sale
> If the winning bidder wants possession during the redemption period, he
may execute a bond in the amount equivalent to the use of the property for 12
months, to indemnify the debtor in case it be shown that the sale was made
without violating the mortgage or without complying with the requirements of the
Act. Upon approval, a writ of possession will be issued in his favor.
> If the winning bidder is able to secure possession, the mortgagor may
petition that the sale is set aside and the writ of possession be cancelled on the
ground that he wasn't in default or that the sale wasn't made in
accordance with Act 3135. This must be filed within 30 days from issuance of
the writ of possession.
RIGHT OF REDEMPTION
> The debtor, his successors-in-interest, or any judicial creditor or judgment
creditor of said debtor, or any person 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 1 YEAR FROM AND
AFTER THE DATE OF THE SALE and such will be governed by the Rules of
Court
> When the property is redeemed after the purchaser has been given
possession, the redeemer is 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 property was used 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 1% per month provided in the Rules of
Court.
RULES OF COURT, RULE 39, SECTIONS 29 TO 31, AND 35
Sec. 29. Effect of redemption by judgment obligor, and a certificate to be
delivered and recorded thereupon; to whom payments on redemption made. If
the judgment obligor redeems, he must make the same payments as are
required to effect a redemption by a redemptioner, whereupon, no further
redemption shall be allowed and he is restored to his estate. The person to
whom the
redemption payment is made must execute and deliver to him acertificate of
redemption acknowledged before a notary public or other officer authorized to
take acknowledgments of conveyances of real property. Such certificate must be
filed and recorded in the registry of deeds of the place in which the property is
situated, and the registrar of deeds must note the record thereof on the margin of
the record of the certificate of sale. The payments mentioned in this and the last
preceding sections may be made to the purchaser r redemptioner, or for him to the
officer who made the sale.
Sec. 31. Manner of using premises pending redemption; waste restrained.
Until the expiration of the time allowed for redemption, the court may, as in
other proper cases, restrain the commission of waste on the property by
injunction, on the application of the purchaser or the judgment obligee, with or
without notice; but it is not waste for a person in possession of the property at the
time of the sale, or entitled to possession afterwards, during the period allowed for
redemption, to continue to use it in the same manner in which it was previously
used; or to use it in the ordinary course of husbandry; or to make the
necessary repairs to buildings thereon while he occupies the property.