I refer to the attach Notice of Extra-judicial Foreclosure & Sale dated January 27, 2003 by Atty Jose S. Buban for the Rural Bank of Naval is highly appreciated accordingly.
The Rural Bank of Naval has the right to demand from the defaulted mortgagors’ full payment. In this case, the only living mortgagor shall bear the sole burden. Obviously, he was the ONLY one who enjoyed the proceeds in the first place. It is just right that he shall make the full payment in fairness to all the legal heirs, who have no knowledge of what’s happening.
It was believed that the parcel No. 1-CCT No. P-28479 (as stated) was mortgaged by Eden Apolinar who was armed with a special power of attorney or SPA presumably signed by the late Simplicio Apolinar and Lucena Apolinar.
However, the said SPA became null and void after the deaths of the signatories. It was said that the restructuring of the real estate mortgage with the additional collateral was illegitimate. And that the foreclosure of any property shall be guided accordingly.
According to them, the procedure in extra-judicial foreclosure of mortgage, 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, include in which is the task of supervising directly the work of the Clerk of Court, who is also the Ex-office Sheriff, and his staff, and the issuance of commission to notaries public and enforcement of their duties under the law, the following procedures are hereby prescribed in extra-judicial foreclosure of mortgages:
@ All application for extra-judicial foreclosure of mortgage whether under the direction of the sheriff or a notary public, pursuant to Act 3135, as amended by Act 4118, and Act 1508 as amended, shall be filed with the Executive Judge, through the Clerk of court who is also the Ex-Officio Sheriff.
@ Upon receipt of an application for extra-judicial foreclosure of mortgage, it shall be the duty of the Clerk of Court to:
a) receive and docket said application and 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 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. 00-01-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.
e) after the certificate of the 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, 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).
Where the application concern the extra-judicial foreclosure of mortgage of real estate and/or chattels in different locations covering one indebtedness, only one filing fee corresponding to such indebtedness shall be collected. The collecting Clerk of Court shall, apart from the official receipt of the fees, issue a certificate of payment indicating the amount of indebtedness, the filling fees collected, the mortgages sought to be foreclosed, the real estates and/or chattels mortgaged and their respective locations, which certificate shall serve the purpose of having the application docketed with the Clerk of Court of the places where the other properties are located and of allowing the extra-judicial foreclosure to proceed thereat.
@ The notices of auction sale in extra-judicial foreclosure for publication by the sheriff or by a notary public shall be published in a newspaper of general circulation pursuant to Section 1, Presidential Decree No. 1079, dated January 2, 1977, and, non-compliance therewith shall constitute a violation of
Section 6 thereof.
@ The Executive Judge shall, with the assistance of the Clerk of Court, raffle applications for extra- judicial 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.
@ The names of the bidders shall be reported by the sheriff or the notary public that 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 Andres R. Narvasa last 5th of February 1998.
It was said that the Court Administrator had issued the necessary guidelines for the effective enforcement of this resolution. The Clerk of Court had published this resolution in newspaper of general circulation last August 14, 2001 and has furnished copies thereof to the Integrated Bar of the Philippines.
And this resolution has take effect last 1st day of September of the year 2001. Promulgated last 7th day of August 2001 in the City of Manila, according to them. So help us GOD.
The Rural Bank of Naval has the right to demand from the defaulted mortgagors’ full payment. In this case, the only living mortgagor shall bear the sole burden. Obviously, he was the ONLY one who enjoyed the proceeds in the first place. It is just right that he shall make the full payment in fairness to all the legal heirs, who have no knowledge of what’s happening.
It was believed that the parcel No. 1-CCT No. P-28479 (as stated) was mortgaged by Eden Apolinar who was armed with a special power of attorney or SPA presumably signed by the late Simplicio Apolinar and Lucena Apolinar.
However, the said SPA became null and void after the deaths of the signatories. It was said that the restructuring of the real estate mortgage with the additional collateral was illegitimate. And that the foreclosure of any property shall be guided accordingly.
According to them, the procedure in extra-judicial foreclosure of mortgage, 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, include in which is the task of supervising directly the work of the Clerk of Court, who is also the Ex-office Sheriff, and his staff, and the issuance of commission to notaries public and enforcement of their duties under the law, the following procedures are hereby prescribed in extra-judicial foreclosure of mortgages:
@ All application for extra-judicial foreclosure of mortgage whether under the direction of the sheriff or a notary public, pursuant to Act 3135, as amended by Act 4118, and Act 1508 as amended, shall be filed with the Executive Judge, through the Clerk of court who is also the Ex-Officio Sheriff.
@ Upon receipt of an application for extra-judicial foreclosure of mortgage, it shall be the duty of the Clerk of Court to:
a) receive and docket said application and 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 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. 00-01-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.
e) after the certificate of the 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, 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).
Where the application concern the extra-judicial foreclosure of mortgage of real estate and/or chattels in different locations covering one indebtedness, only one filing fee corresponding to such indebtedness shall be collected. The collecting Clerk of Court shall, apart from the official receipt of the fees, issue a certificate of payment indicating the amount of indebtedness, the filling fees collected, the mortgages sought to be foreclosed, the real estates and/or chattels mortgaged and their respective locations, which certificate shall serve the purpose of having the application docketed with the Clerk of Court of the places where the other properties are located and of allowing the extra-judicial foreclosure to proceed thereat.
@ The notices of auction sale in extra-judicial foreclosure for publication by the sheriff or by a notary public shall be published in a newspaper of general circulation pursuant to Section 1, Presidential Decree No. 1079, dated January 2, 1977, and, non-compliance therewith shall constitute a violation of
Section 6 thereof.
@ The Executive Judge shall, with the assistance of the Clerk of Court, raffle applications for extra- judicial 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.
@ The names of the bidders shall be reported by the sheriff or the notary public that 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 Andres R. Narvasa last 5th of February 1998.
It was said that the Court Administrator had issued the necessary guidelines for the effective enforcement of this resolution. The Clerk of Court had published this resolution in newspaper of general circulation last August 14, 2001 and has furnished copies thereof to the Integrated Bar of the Philippines.
And this resolution has take effect last 1st day of September of the year 2001. Promulgated last 7th day of August 2001 in the City of Manila, according to them. So help us GOD.
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