Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution
Supreme Court Circular No. 8-87, issued on May 15, 1987, amends Rule 39, Section 18 of the Rules of Court regarding the notice of sale of property on execution. Notably, it raises the threshold for publication from P400 to P50,000 for real property. The circular mandates that notices be published once a week for two consecutive weeks in a newspaper with general circulation, rather than in both English and Spanish publications. Additionally, it introduces a requirement for written notice to be given to the judgment debtor prior to the sale. This amendment aims to enhance transparency and ensure proper notification in property execution sales.
Quick Answers
- What is Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution about?
- Supreme Court Circular No. 8-87, issued on May 15, 1987, amends Rule 39, Section 18 of the Rules of Court regarding the notice of sale of property on execution. Notably, it raises the threshold for publication from P400 to P50,000 for real property. The circular mandates that notices be published once a week for two consecutive weeks in a newspaper with general circulation, rather than in both English and Spanish publications. Additionally, it introduces a requirement for written notice to be given to the judgment debtor prior to the sale. This amendment aims to enhance transparency and ensure proper notification in property execution sales.
- What type of law is Supreme Court Circular No. 8-87?
- Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution (Supreme Court Circular No. 8-87) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution enacted?
- Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution (Supreme Court Circular No. 8-87) was enacted on May 15, 1987.
- What is the citation for Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution?
- Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution, Supreme Court Circular No. 8-87, May 15, 1987 (Philippines)
Law Information
- Reference Number
- Supreme Court Circular No. 8-87
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 15, 1987
SUPREME COURT CIRCULAR NO. 8-87
| 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 and 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 of 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 Filipino, 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 follows:
RULE 39
'Execution, Satisfaction and Effect of Judgments
'Sec. 18. Notice of sale of property on execution — Before the sale of property on execution, notice thereof must be given as follows:
'(a) . . .
'(b) . . .
'(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 weeksin 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. acd
'(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
Cite This Law
Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution, Supreme Court Circular No. 8-87, May 15, 1987 (Philippines)
Amendment of Rule 39, Section 18 of Rules of Court on Notice of Sale of Property on Execution, Supreme Court Circular No. 8-87 (Phil. 1987)
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