Case Summary (A.M. No. 99-10-05-0)
Executive Judge's Responsibilities
- The Executive Judge is responsible for managing courts within their administrative area.
- This includes supervising the Clerk of Court, who also serves as the Ex-Officio Sheriff.
- The Executive Judge is tasked with issuing commissions to notaries public and enforcing their duties under the law.
Application Filing Procedures
- All applications for extrajudicial foreclosure of mortgages must be filed with the Executive Judge through the Clerk of Court.
- The applications can be directed by either the sheriff or a notary public, in accordance with relevant laws (Act 3135, Act 4118, and Act 1508).
Clerk of Court's Duties Upon Application Receipt
- The Clerk of Court must:
- Receive and docket the application, stamping it with the file number, date, and time of filing.
- Collect the appropriate filing fees as per Rule 141, Section 7(c), and issue an official receipt.
- Verify compliance with requirements for real estate mortgage foreclosure before public auction.
- Sign and issue the certificate of sale, subject to the Executive Judge's approval.
- Ensure all fees are paid before issuing the certificate of sale, with a maximum fee limit of P100,000.00.
- Maintain complete records for one year post-registration of the certificate of sale, after which records are archived.
- Allow juridical persons to redeem properties until the registration of the certificate of foreclosure sale, which must occur within three months post-foreclosure.
Filing Fees and Certificates
- For applications concerning multiple properties under one indebtedness, only one filing fee is required.
- The Clerk of Court must issue a certificate of payment detailing:
- The amount of indebtedness.
- The filing fees collected.
- The mortgages and properties involved, including their locations.
- This certificate facilitates the docketing of applications with Clerks of Court in other jurisdictions.
Publication of Auction Sale Notices
- Notices of auction sales for extrajudicial foreclosure must be published in a newspaper of general circulation.
- Non-compliance with this publication requirement constitutes a violation of the relevant law (Section 6 of Presidential Decree No. 1079).
Raffle of Applications
- The Executive Judge, with the Clerk of Court's assistance, is responsible for raffling applications for extrajudicial foreclosure among all sheriffs.
- This includes sheriffs assigned to the Office of the Clerk of Court and Sheriffs IV in various branches.
Reporting of Bidders
- The sheriff or notary public conducting the sale must report the names of the bidders to the Clerk of Court bef...continue reading