Assignment # 13

12. How are the proceedings in an action for foreclosure conducted?

The proceeding in an action for foreclosure is governed by the provisions of Rule 68 of the Rules
of Court.
Procedure
1. Preparation and filing of complaint which shall set forth the following allegations (Sec. 1, Rule 68):
a) Date and due execution of the mortgage and its assignments, if any;
b) Names and residences of the mortgagor and mortgagee;
c) Description of the mortgaged property/ies;
d) Documentary evidence/s of the obligation/s secured by the mortgage and the unpaid
obligation;
e) Names and residences of all persons having or claiming an interest in the mortgaged
property/ies.
2. The trial court shall render a judgment based on the facts proven and shall ascertain the amount due
based on the mortgage debt or obligation, including interests, charges and costs. The court shall then
direct the defendant to pay said amount within a period of not less than ninety (90) days nor more than
one-hundred twenty (120) days (Sec. 2, Rule 68).
3. In the event of failure to pay as directed within 90 to 120 days, the mortgage realty/ies shall be sold at
an auction sale, the proceeds of which shall be applied to the mortgage debt, pursuant to Rule 39 of the
Rules of Court (Sec. 3, Rule 68).
3.1. Before the sale of the real property/ies, notice must be given:
a) By posting for 20-days in three (3) public places. If the assessed value is more than
P50,000.00, by publishing a copy of the notice once a week for two (2) consecutive weeks in one
newspaper selected by raffle (Sec. 15c, Rule 39).

b) Written notice to the judgment obligor at least three (3) days before the sale (Sec. 15d, Rule
39).
3.2. The highest bidder shall be issued a certificate of sale (Sec. 25, Rule 39).
4. Upon motion and after notice and hearing, the trial court will issue an order of confirmation of the sale
(Rural Bank of Oroquieta v. CA, 101 SCRA 5 [1980]).
4.1. The final order of confirmation shall be registered with the Registry of Deeds ( Sec. 7, Rule
68).
a) If no right of redemption exists, the certificate of title in the name of the mortgagor shall be
cancelled and a new one issued in the name of the purchaser.
b) Where a right of redemption exists, the certificate of title of the mortgagor shall not be
cancelled. Instead, the certificate of sale and order of confirmation shall be registered with a
memorandum of the right redemption. If the property is not redeemed a final deed of sale shall be
executed by the sheriff in favor of the purchaser which shall be registered in the Register of
Deeds, whereupon the title of the mortgagor shall be cancelled and a new one issued in the name
of the purchaser.
5. If the proceeds of the auction sale of the property are not sufficient, the trial court, upon motion, shall
render a deficiency judgment against the defendant (Sec. 6, Rule 68).

Assignment # 11
12. Enumerate the special civil actions under the Rules of Court.
SPECIAL CIVIL ACTIONS (Rules 62 71)
Interpleader (RULE 62)
Declaratory Relief and Similar Remedies (RULE 63)
Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the
Commission on Audit (RULE 64)
Certiorari, Prohibition and Mandamus (RULE 65)
Quo Warranto (RULE 66)
Expropriation (RULE 67)
Foreclosure of Real Estate Mortgage (RULE 68)
Partition(RULE 69)
Forcible Entry and Unlawful Detainer (RULE 70)
Contempt (RULE 71)

Assignment # 14
12. Is the judgment in a forcible entry and detainer action immediately executory?
Yes. Under Rule 70, Section 19 of the Rules of Court, If judgment is rendered against the
defendant, execution shall issue immediately upon motion unless an appeal has been perfected and the
defendant to stay execution files a sufficient supersedeas bond, approved by the Municipal Trial Court
and executed in favor of the plaintiff to pay the rents, damages, and costs accruing down to the time of the
judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate
court the amount of rent due from time to time under the contract, if any, as determined by the judgment
of the Municipal Trial Court. In the absence of a contract, he shall deposit with the Regional Trial Court
the reasonable value of the use and occupation of the premises for the preceding month or period at the
rate determined by the judgment of the lower court on or before the tenth day of each succeeding month
or period. The supersedeas bond shall be transmitted by the Municipal Trial Court, with the papers, to the
clerk of the Regional Trial Court to which the action is appealed.