SC CIRCULAR NO. 8, May 15, 1987

Circulars May 15, 1987

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ADMINISTRATIVE SUPERVISION OF COURTS

TO :	COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL / COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS, SHARI’A CIRCUIT COURTS, INTEGRATED BAR OF THE PHILIPPINES AND MAJOR VOLUNTARY BAR ASSOCIATIONS

SUBJECT:	Amendment of Rule 39, Section 18 of the Rules of Court on Notice of Sale of Property on Execution

For the information and guidance of all concerned, quoted
hereunder is the Resolution of the Court En Banc, dated April 7, 1987 in
“Re: Amendment of Rule 39, Section 18 of the Rules of Court on Notice
of Sale of Property on Execution”

“Re: Amendment of Rule 39, Section 18 of the Rules of Court on Notice of Sale of Property on Execution.-
The Court Resolved to APPROVE the following amendments of Rule 39,
Section 18 (c) of the Rules of Court on Notice of Sale of Property on
Execution which consists of (1) publication, in addition to posting, is
required where the assessed value of the real property subject of sale
on execution exceeds P50,000.00 (increased from P400.00 under the
present provision); (2) such publication of the notice of sale shall be
made once a week for two (2) consecutive weeks (instead of for
twenty [20] days) , in some newspaper published or having general
circulation in the province; (3) in places where newspapers are
published in English and/or Pilipino, publication shall be made in one
such newspaper (instead of publishing said notice in both the English
and Spanish newspapers as presently provided in the Rules); as well as
the addition of paragraph (d) in said Section 18, imposing the
requirement that in all cases, written notice of the sale must be given to the judgment debtor. The text of the amendments follow:

RULE 39

‘EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

‘SECTION 18. Notice of sale of property on execution.- Before
the sale of property on execution, notice thereof must be given as
follows:

‘(a) x x x
‘(b) x x x
‘(c) In case of real property, by posting for twenty (20)
days in three (3) public places in the municipality or city where the
property is situated, a similar notice particularly describing the
property and stating where the property is to be sold, and if the
assessed value of the property exceeds FIFTY THOUSAND PESOS (P50,000.00), by publishing a copy of the notice once a week for two (2) consecutive weeks
in some newspaper published or having general circulation in the
province, if there be one. If there are newspapers published in the
province in English and/or Filipino, then the publication shall be made in one such newspaper.

‘(d) In all cases, written notice of the sale shall be given to the judgment debtor.’

“Let copies hereof be circulated among all Courts, the Integrated bar of the Philippines and major voluntary bar associations.”

Please be guided accordingly.

May 15, 1987.

	(Sgd.) CLAUDIO TEEHANKEE
	Chief Justice

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