Reiteration of Section 22, Rule 22, Rule 39 and Section 7, Rule 141 of the Rules of Court
OCA Circular No. 6-93 issued on February 9, 1993, emphasizes key provisions from the Rules of Court regarding public auction sales and the collection of sheriff's fees. It reiterates that the highest bidder in a public auction must provide cash for their bid; failure to do so is treated as a refusal to pay, allowing the sheriff to auction the property again. Additionally, it states that sheriffs are required to collect fees on all amounts received in satisfaction of a judgment, and Executive Judges must ensure compliance with this regulation. Strict adherence to these rules is mandated to uphold judicial procedures.
Law Information
- Reference Number
- OCA Circular No. 6-93
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 9, 1993
OCA CIRCULAR NO. 6-93
| TO | : | Executive Judges, Clerks of Court, Deputy Sheriffs of All Trial Courts |
| SUBJECT | : | Section 22, Rule 22, Rule 39 and Section 7, Rule 141 of the Rules of Court reiterated in Adm. Matter No. P-89-290 (OCA vs. Ramon G. Enriquez) |
Attention is called to a recent decision of the Court En Banc in "Office of the Court Administrator, Complainant vs. Ramon G. Enriquez, Respondent" in Adm. Matter No. P-89-290, reiterating the provision of Section 22, Rule 39 of the Rules of Court which requires that the highest bidder in a public auction sale must produce the cash corresponding to the submitted bid for delivery to the judgment debtor, otherwise failure to produce the cash payment is equivalent to the refusal to pay and the sheriff may again sell the property to a highest bidder. prcd
The Court also reiterated that pursuant to Sec. 7, Rule 141, sheriff's fees must be collected on all amounts received by the sheriff in satisfactioning a judgment.
All Executive Judges must monitor payment of all sheriff's fees.
Strict compliance is hereby enjoined.
February 9, 1993.
(SGD.) ERNANI CRUZ PAÑOCourt Administrator
Cite This Law
Reiteration of Section 22, Rule 22, Rule 39 and Section 7, Rule 141 of the Rules of Court, OCA Circular No. 6-93, Feb 9, 1993 (Philippines)
Reiteration of Section 22, Rule 22, Rule 39 and Section 7, Rule 141 of the Rules of Court, OCA Circular No. 6-93 (Phil. 1993)
Related Laws
- Section 22, Rule 39 and Section 7, Rule 141 of the Rules of Court Reiterated in Adm. Matter No. P-89-290 (OCA vs. Ramon G. Enriquez)Supreme Court Circular No. 006-93 • Feb 9, 1993 • Supreme Court Issuances
- Section 18-A, amendment to Rule 141OCA Circular No. 22-93 • Apr 23, 1993 • Supreme Court Issuances
- Amendments to Section 10 of Rule 41 and Sections 8 and 13 of Rule 46 of Rules of CourtSupreme Court Circular No. 22-92 • Apr 1, 1992 • Supreme Court Issuances
- Amendments to Sec. 7(a) and (d) and Section 8 (a) and (b), Rule 141, Rules of Court As AmendedSupreme Court Administrative Circular No. 11-94 • Jun 28, 1994 • Supreme Court Issuances
- Guidelines for Allocating the Legal Fees Collected Under Section 7 (a) and (d), and Section 8 (a) and (b), Rule 141, of the Rules of CourtSupreme Court Administrative Circular No. 15-95 • Aug 1, 1995 • Supreme Court Issuances
- Execution of Judgments in Appealed Cases Pursuant to Section 1, Rule 39, Rules of CourtOCA Circular No. 47-2019 • Mar 26, 2019 • Supreme Court Issuances
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