OCA CIRCULAR NO. 20-2004, February 10, 2004
OCA CIRCULAR NO. 20-2004, February 10, 2004
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TO:
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ALL EXECUTIVE JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS
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SUBJECT:
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PROCEDURE IN EXTRA-JUDICIAL FORECLOSURE OF MORTGAGE |
For the information and guidance of all concerned, quoted
hereunder is the pertinent portion of the Court En Bane resolution dated
20 January 2004 in Administrative Matter No. 99-10-5-0 Re: Procedure in
Extra Judicial Foreclosure of Mortgage, to wit
“A.M. No. 99-10-05-0 Re: Procedure in Extra-Judicial Foreclosure
of Mortgages- The Court resolved upon recommendation of the Office of
the Court Administrator, to DECLARE that cooperatives shall remain not
exempt from the payment of filing fees for actions filed in court
relative to extra- judicial foreclosure of mortgages, because the said
actions are not among those contemplated under the provision of Article
62 (6), R.A. 6938.Accordingly, the last paragraph of Section 2(c) of the resolution in AM. No. 99-10-05-0 is hereby AMENDED to read as follows:
Cooperatives, thrift banks and rural banks are not exempt
from the payment of filing fees and other fees under the guidelines (AM.
No. 99-0~28Q-RTC, September 29, 2998 and AM No. 99-3-93-RTC, April 20, 1999.”For strict compliance
__10__ February 2004.
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JOSE P. PEREZ
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Acting Court Administrator
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