SC CIRCULAR NO. 5-98, January 12, 1998

To forestall complaints from publishers of newspapers relative to
the participation of publications not qualified to publish judicial
notices and other similar announcements in the distribution by raffle of
the said notices and to prevent the commission of any irregularity,
unnecessary commercialism and unfair competition among community
newspapers, all Executive Judges concerned should strictly comply with
the following provisions of Presidential Decree No. 1079 (1977):

1. “SECTION 1. All notices of auction sales in extra-judicial
   foreclosure of real estate mortgage under Act No. 3135, as amended,
   judicial notices such as notices of sale on execution of real
   properties, notices in special proceedings, court orders and summonses
   and all similar announcements arising from court litigation required by
   law to be published in a newspaper or periodical of general circulation
   in particular provinces and/or cities shall be published in newspapers
   or publications published, edited and circulated in the same city and/or
   province where the requirement of general circulation applies: Provided,
   That the province or city where the publication’s principal office is
   located shall be considered the place where it is edited and published: Provided, further, That
   in the event there is no newspaper or periodical published in the
   locality, the same may be published in the newspaper or periodical
   published, edited and circulated in the nearest city or province: Provided, finally.That
   no newspaper or periodical which has not been authorized by law to
   publish and which has not been regularly published for at least one year
   before the date of publication of the notices or announcements which
   may be , assigned to it shall be qualified to publish the said notices;”
   and

2. “SEC. 2. The executive judge of the [Regional Trial Court] shall
   designate a regular working day and a definite time each week during
   which the said judicial notices or advertisements shall be distributed
   personally by him for publication to qualified newspapers or periodicals
   as defined in the preceding section, which distribution shall be done
   by raffle: Provided, That should the circumstances require that
   another day be set for the purpose, he shall notify in writing the
   editors and publishers concerned at least three (3) days in advance of
   the designated date: Provided further, That the distribution of the said
   notices by raffle shall be dispensed with in case only one newspaper or
   periodical is in operation in a particular province or city.”

Attention is also invited to the following provisions of Presidential Decree No. 1079:

1. “SEC. 5. No publishers, editors, media personnel or any other
   person shall directly or indirectly offer or give money, commission or
   gift of any kind to executive judges of the [Regional Trial Courts] or
   any court employees in consideration of the award of legal and judicial
   notices and similar announcements defined in Section 1 hereof. Neither
   shall the latter directly or indirectly demand of any kind in
   consideration of any publication herein referred to;” and

2. “SEC. 6. Violation of any provision of the Decree shall be
   punished by a fine of not less than five thousand pesos (P5,000.00) for
   more than twenty thousand pesos (20,000.00) and imprisonment for not
   less than six (6) months nor more than two (2) years. The offending
   executive judge or court personnel shall be perpetually disqualified from
   holding any public office in the government.

For strict compliance.