Re: Request of Bank of Commerce for Refund of Multiple Filing Fees for Extra-Judicial Foreclosure of Real Estate Mortgages
On January 15, 2013, the Philippine Supreme Court en banc issued a resolution regarding the Bank of Commerce's request for a refund of P34,200,573.42 for multiple filing fees related to an extra-judicial foreclosure of real estate mortgages. The Court, upon the recommendation of the Office of the Court Administrator, denied the request due to lack of merit. The decision indicates that the fees paid were not erroneously charged. This case highlights the judiciary's stance on the proper handling of filing fees in foreclosure applications.
Law Information
- Reference Number
- <--!01152013-->A.M. No. 12-11-252-RTC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Notices
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 15, 2013
EN BANC
A.M. No. 12-11-252-RTC
NOTICE
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution dated January 15, 2013, which reads as follows:
"A.M. No. 12-11-252-RTC (Re: Request of Bank of Commerce for Refund of Multiple Filing Fees [Paid to Various RTCs] for Extra-Judicial Foreclosure of Real Estate Mortgages Covering One Indebtedness). — The Court Resolved, upon the recommendation of the Office of the Court Administrator, to DENY for lack of merit the request of the Bank of Commerce for refund in the amount of Thirty-Four Million Two Hundred Thousand Five Hundred Seventy-Three Pesos and Forty-Two Centavos (P34,200,573.42), representing alleged erroneous filing fees paid for its Application for Extra-judicial Foreclosure in the Office of the Clerk of Court, RTC, Bacoor, Cavite and Tagaytay City." Brion, J., on leave. (adv21) TaSEHD
Very truly yours,
(SGD.) ENRIQUETA E. VIDALClerk of Court
Cite This Law
Re: Request of Bank of Commerce for Refund of Multiple Filing Fees for Extra-Judicial Foreclosure of Real Estate Mortgages, <--!01152013-->A.M. No. 12-11-252-RTC, Jan 15, 2013 (Philippines)
Re: Request of Bank of Commerce for Refund of Multiple Filing Fees for Extra-Judicial Foreclosure of Real Estate Mortgages, <--!01152013-->A.M. No. 12-11-252-RTC (Phil. 2013)
Related Laws
- Procedure in Extra-Judicial Foreclosure of MortgageSupreme Court Circular No. 1-00 • Jan 3, 2000 • Supreme Court Issuances
- Procedure in the Extra-Judicial Foreclosure of Mortgages<--!02262002-->A.M. No. 99-10-05-0 • Feb 26, 2002 • Supreme Court Issuances
- Procedure in Extra-Judicial Foreclosure of MortgageOCA Circular No. 1-00 • Jan 3, 2000 • Supreme Court Issuances
- Procedure in Extra-Judicial Foreclosure of Mortgage<--!08072001-->A.M. No. 99-10-05-0 • Aug 7, 2001 • Supreme Court Issuances
- Procedure in Extra-Judicial Foreclosure of MortgageOCA Circular No. 20-04 • Feb 10, 2004 • Supreme Court Issuances
- Procedure in Extra-Judicial Foreclosure of Mortgage<--!01302001-->A.M. No. 99-10-05-0 • Jan 30, 2001 • Supreme Court Issuances
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