Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 06-2006)
The memorandum provides guidelines on the collection of confiscated bonds and execution of orders of forfeiture for bonds not covered by the Guidelines on Corporate Surety Bonds (A.M. No. 04-7-02-SC).
All judges, clerks of court, and sheriffs of the judiciary are directed to observe the guidelines prescribed in the memorandum circular.
They must conduct an inventory of the status of surety bonds posted on or before August 16, 2004, by bonding companies whether presently accredited or not, and submit an inventory report under oath to the presiding or acting judge or executive judge.
The judge should determine which surety bonds should be confiscated or forfeited, issue an Order of Forfeiture, and if warranted, a Judgment of Forfeiture in accordance with Section 21, Rule 114 of the Rules of Court. Upon finality of the judgment, the judge shall order the issuance of the corresponding writ of execution.
The Branch Clerk of Court shall issue the writ and forward it to the Sheriff, who shall notify the surety company in writing to pay the obligation within 15 days. If unpaid, the Sheriff shall make a Return and the court shall issue a writ of execution addressed to the Clerk of Court/Ex-Officio Sheriff in the surety company's principal office jurisdiction.
The usual requirement of notifying and seeking assistance from the Sheriff's office of the place where execution shall take place is suspended, allowing the Clerk of Court/Ex-Officio Sheriff designated to implement the writ to execute it, answering directly to the issuing court.
Obligations should be satisfied as per Section VI of A.M. No. 04-7-02-SC concerning execution of judgments of forfeiture in bail bonds and claims against the cash deposit. If unsatisfied, the collection mode for non-accredited companies applies.
They must submit a Return to the court of origin within 30 days, with a copy furnished to the Office of the Court Administrator (OCA).
No, provisions pertaining to legal fees are not applicable in connection with this memorandum circular.
The Clerk of Court submits a statement of estimated expenses for approval to the Chief Justice through the Fiscal Management and Budget Office, which issues a check payable to the Clerk of Court/Ex-Officio Sheriff, subject to liquidation after rendering a Return.