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)

February 9, 1993

SUPREME COURT CIRCULAR NO. 006-93

 

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 Sec. 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. HDTcEI

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 satisfying a judgment.

All Executive Judges must monitor payment of all sheriff's fees.

Strict compliance is hereby enjoined.

(SGD.) ERNANI CRUZ PAÑOCourt Administrator