[ OCA CIRCULAR NO. 54-2012, June 18, 2012 ]

[ OCA CIRCULAR NO. 54-2012, June 18, 2012 ]

[ OCA CIRCULAR NO. 54-2012, June 18, 2012 ]

TO : THE EXECUTIVE JUDGES AND CLERKS OF COURT (OFFICE OF THE CLERK OF COURT) OF THE FIRST AND SECOND LEVEL COURTS

SUBJECT : PENDING UNISSUED CERTIFICATES OF SALE IN EXTRA-JUDICIAL FORECLOSURE PROCEEDINGS DUE TO NON-PAYMENT OF COURT'S COMMISSION ON SALE AND OTHER LEGAL FEES

It has come to the attention of the Court that there are several pending unissued Certificates of Sale in Extra-Judicial Foreclosure Proceedings before the lower courts. The main reason for the pendency is the non-payment by the highest bidder of the court's commission on sale and other legal fees. It was observed that several unissued certificates had been pending for a certain period of time after the sale of the foreclosed property. Thus, said documents pile-up in several courts.

In view thereof, all Clerks of Court (Office of the Clerk of Court) of the first and second level courts are hereby DIRECTED to (a) conduct an inventory of all the pending unissued Certificates of Sale in their court; (b) notify the concerned parties of the said pendency; and (c) require the payment of the court's commission on sale and other legal fees within ninety (90) days from notice.

The Executive Judges shall monitor the implementation of this directive and shall submit to the Planning Division, Court Management Office, Office of the Court Administrator, the appropriate report and recommendation to further address the matter.

For strict compliance.

June 18, 2012

(SGD.)JOSE MIDAS P. MARQUEZ

Court Administrator