CIRCULAR NO. 6-93 February 9, 1993
TO: EXECUTIVE JUDGES, CLERKS OF COURT, DEPUTY SHERIFFS OF ALL TRIAL COURTS
SUBJECT: 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)
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.
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 PAÑO
Court Administrator
The Lawphil Project - Arellano Law Foundation
