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)
The Supreme Court Circular No. 006-93 emphasizes the adherence to specific provisions of the Rules of Court concerning public auction sales and sheriff's fees. It reiterates that the highest bidder must provide cash corresponding to their bid for the property; failure to do so is treated as a refusal to pay, allowing the sheriff to conduct another sale. Additionally, it mandates that sheriff's fees must be collected on all amounts received in the execution of a judgment, with Executive Judges responsible for monitoring these payments. Strict compliance with these regulations is required.
Law Information
- Reference Number
- Supreme Court Circular No. 006-93
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 9, 1993
SUPREME COURT CIRCULAR NO. 006-93
| 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 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
Cite This Law
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 (Philippines)
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 (Phil. 1993)
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