Dominador D. Bornasal, Jr., Clerk of Court and Ex-Officio Sheriff, RTC Valen uela, !etro !anila, com"lainant, #s.

De"ut$ Sheriff Jaime T. !ontes, RTC, Branch %&, Valen uela, !etro !anila, res"ondent. 'acts( Petitioner charged respondent deputy sheriff with certain unauthorized acts relative to a petition for extrajudicial foreclosure of real estate mortgage which was lodged at the petitioners office, by virtue of Act No. !!", as amended, allowing extrajudicial foreclosure sales under the direction of the petitioner, as Ex-Oficio #heriff. $n a letter%complaint addressed to &xecutive 'udge Adriano (. )sorio of the (egional *rial +ourt of ,alenzuela, -etro -anila, petitioner made the following allegations. /a0 that upon examination of the subject petition for extrajudicial foreclosure dated 1ecember 2, !33" doc4eted as 5oreclosure +ase No. 6 7%,%3" entitled 85ourleaf 5undlending and 1evelopment +orporation /551+0 v. #ps. 9altazora Parras +alderon and 5elino +alderon,: petitioner realized that the real property involved was located at *aytay, (izal, hence, he refused to issue a Notice of #heriffs #ale; /b0 that respondent deputy sheriff, together with a lady representative of 551+ argued that pursuant to the provisions of the Promisory Note between 551+ and the #pouses +alderon, the stipulated venue of any legal action relative to the contract of loan, secured by a real estate mortgage, shall be in ,alenzuela, -etro -anila or in any competent court at the option of 551+, as mortgagee; /c0 that petitioner insisted that he could not conduct any foreclosure sale of the subject property which was located at *aytay, (izal based on the limitation contained in #ection < of Act No. ! ", as amended; /d0 that on 'anuary !2, !332, upon petitioners advise, 551+ filed a withdrawal of its petition for extrajudicial foreclosure; /e0 that on April !, !332, petitioner received summons from the (egional *rial +ourt of Antipolo, (izal in a case for Annulment of 5oreclosure, #pecified Performance with 1amages and Preliminary $njunction with Prayer for =rgent $ssuance of a *() filed by #pouses +alderon against him and 551+ as a conse>uence of the Notice of #heriffs #ale in 5oreclosure +ase No. 6 7%,%3" signed by respondent deputy sheriff purportedly for and in behalf of the petitioner; and /f0 that respondent deputy sheriff issued the aforesaid Notice of #heriffs #ale without authority from the petitioner and that the publication apparently effected in connection therewith was also unauthorized. )SS*E( ?hether the extrajudicial foreclosure of a real estate located at *aytay, (izal may be effected at any competent court at the option of the mortgagee. +E,D( No. $n accordance with #ection < of Act ! ", as amended, which provides that. 8*he sale shall be made in the province in which the property sold is situated and in case the place within said province in which the sale is to be made is the subject of stipulation, the sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is situated.: