Scribd
Upload
40 views1 page

China Banking Corporation

The document discusses the legal requirements for the publication of a Notice of Sale in the context of extrajudicial foreclosure proceedings. It emphasizes that publication in a newspaper of general circulation is sufficient compliance with notice-posting requirements, as it reaches a wider audience than physical postings. Additionally, minor mistakes in the posting duration that do not hinder the notice's purpose do not invalidate the sale process.

Uploaded by

jrazuelo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
40 views1 page

China Banking Corporation

The document discusses the legal requirements for the publication of a Notice of Sale in the context of extrajudicial foreclosure proceedings. It emphasizes that publication in a newspaper of general circulation is sufficient compliance with notice-posting requirements, as it reaches a wider audience than physical postings. Additionally, minor mistakes in the posting duration that do not hinder the notice's purpose do not invalidate the sale process.

Uploaded by

jrazuelo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

CHINA BANKING CORPORATION, Petitioner, vs. SPS.

WENCESLAO & MARCELINA


MARTIR, Respondents. September 11, 2009

Jurisprudence, however, has decreed that the publication of the notice of sale in a
Newspaper of general circulation alone is more than sufficient compliance with the notice-
posting requirements of the law. The Court has elucidated that: We take judicial notice of
the fact that newspaper publications have more far-reaching effects than posting on
bulletin boards in public places. There is a greater probability that an announcement or
notice published in a newspaper of general circulation, which is distributed nationwide,
shall have a readership of more people than that posted in a public bulletin board, no
matter how strategic its location may be, which caters only to a limited few. Hence, the
publication of the notice of sale in the newspaper of general circulation alone is more than
sufficient compliance with the notice-posting requirement of the law. By such publication, a
reasonably wide publicity had been effected such that those interested might attend the
public sale, and the purpose of the law had been thereby subserved.

GOTESCO PROPERTIES, INC. v. SOLIDBANK CORPORATION (NOW


METROPOLITAN BANK AND TRUST COMPANY) G.R. No. 209452 | July 26, 2017 |
Leonen J.

Section 3 of Act No. 3135 requires that the Notice of Sale be: a) physically posted in three
(3) public places and b) be published once a week for at least three (3) consecutive weeks
in a newspaper of general circulation in the city where the property is situated. What was
important is not where the newspaper is printed but whether the newspaper is being
circulated in the city where the property is located. The object of a Notice of Sale in an
extrajudicial foreclosure proceeding is to inform the public of the nature and condition of
the property to be sold and the time, place, and terms of the auction sale. Thus, mistakes
or omissions (posting of Notice for only 16 days) that do not impede this objective will not
invalidate the Notice of Sale.

You might also like