7.

Paguyo v Gatbunton
Facts: Spouses Danilo Paguyo, Sr. and Adoracion Paguyo executed in favor of Jeanlyns Lending Investor, a
Deed of Real Estate Mortgage over their residential property to secure a loan of P20,000.00 from Jeanlyns. On
February 11, 2003, an application for the extrajudicial foreclosure was filed with the Regional Trial Court, by
the owners and operators of Jeanlyns, saying the Paguyo spouses defaulted in the payment of their loan and
interests due since January 9, 2003. Thereafter, a Notice of Sheriffs Sale was issued by Charlie S. Gatbunton,
Sheriff IV of the Regional Trial Court (RTC). The public auction sale was set on April 11, 2003. The notice was
posted on February 24, 2003 and subsequently published in Sierra Pacific News in its issues of March 12, 15
and 19, 2003. However, instead of the auction sale being held on April 11, 2003, as announced, the same was
actually conducted by the respondent on December 1, 2003 with Jenelita Garcia emerging as the highest
bidder.
A complaint was filed by Adoracion Paguyo against Gatbunton with the Office of the Court Administrator.
Paguyo claimed that the sale was highly irregular and patently illegal, as it was conducted on a date different
from what was stated in the notice, and because there was no need for it since they have fully paid their loan
obligation. Gatbunton, in turn, blamed the Paguyo spouses for requesting the deferment of the sale and
despite that, spouses still failed to pay their obligation. OCA faults the respondent sheriff for conducting the
auction sale of the mortgaged property on December 1, 2003 without republishing the Notice of Sheriffs Sale
with the corresponding change in the date of the auction.
Issues: WON the Sheriff is administratively liable for proceeding with the extrajudicial foreclosure
Held: No. Although extrajudicial foreclosure sales are proper only when so provided under a special power
inserted in or attached to the mortgage contract, respondent cannot be held administratively liable for
proceeding with the foreclosure sale. The duty to examine said application to determine whether the deed of
mortgage contains or incorporates a special power authorizing the spouses Garcia to extrajudicially foreclose
the mortgage in the event of nonpayment of the loan by the Paguyos devolved upon the Clerk of Court, not on
the respondent sheriff.
The amendment of Procedure in Extrajudicial Foreclosure of Mortgage, Circular No. 7-2002 which became
effective on April 22, 2002, provides:
Sec. 2. Upon receipt of the application, the Clerk of Court shall:
a. Examine the same to insure that the special power of attorney authorizing the extrajudicial foreclosure of
the real property is either inserted into or attached to the deed of real estate mortgage. (Act No. 3135, Sec. 1,
as amended)
Moreover, the republication of the Notice of Sheriff’s Sale of a postponed extrajudicial sale is required for the
latter’s validity. Also, republication should be in the manner prescribed by Act No. 3135. Another publication is
required in case the auction sale is rescheduled, and the absence of such republication invalidates the
foreclosure sale. x x x x x x x x x Publication, therefore, is required to give the foreclosure sale a reasonably
wide publicity such that those interested might attend the public sale. To allow the parties to waive this
jurisdictional requirement would result in converting into a private sale what ought to be a public auction.
Thus, for failing to do what was incumbent upon him under the law, we find respondent sheriff to have been
inefficient and incompetent in the performance of his official duties
7. Paguyo v Gatbunton
Facts: Spouses Danilo Paguyo, Sr. and Adoracion Paguyo executed in favor of Jeanlyns Lending Investor, a
Deed of Real Estate Mortgage over their residential property to secure a loan of P20,000.00 from Jeanlyns. On
February 11, 2003, an application for the extrajudicial foreclosure was filed with the Regional Trial Court, by
the owners and operators of Jeanlyns, saying the Paguyo spouses defaulted in the payment of their loan and
interests due since January 9, 2003. Thereafter, a Notice of Sheriffs Sale was issued by Charlie S. Gatbunton,
Sheriff IV of the Regional Trial Court (RTC). The public auction sale was set on April 11, 2003. The notice was
posted on February 24, 2003 and subsequently published in Sierra Pacific News in its issues of March 12, 15
and 19, 2003. However, instead of the auction sale being held on April 11, 2003, as announced, the same was
actually conducted by the respondent on December 1, 2003 with Jenelita Garcia emerging as the highest
bidder.
A complaint was filed by Adoracion Paguyo against Gatbunton with the Office of the Court Administrator.
Paguyo claimed that the sale was highly irregular and patently illegal, as it was conducted on a date different
from what was stated in the notice, and because there was no need for it since they have fully paid their loan
obligation. Gatbunton, in turn, blamed the Paguyo spouses for requesting the deferment of the sale and
despite that, spouses still failed to pay their obligation. OCA faults the respondent sheriff for conducting the
auction sale of the mortgaged property on December 1, 2003 without republishing the Notice of Sheriffs Sale
with the corresponding change in the date of the auction.
Issues:
1. WON the foreclosure sale was proper. No
2. WON the Sheriff is administratively liable for proceeding with the extrajudicial foreclosure. No
3. WON republication is required. Yes
Held:
I. No
Proceedings for the extrajudicial foreclosure of real estate mortgage are governed by Act 3135, as amended.
Under Section 1 of the Act, extrajudicial foreclosure sales are proper only when so provided under a special
power inserted in or attached to the mortgage contract.
II. No
The duty to examine said application to determine whether the deed of mortgage contains or incorporates a
special power authorizing the spouses Garcia to extrajudicially foreclose the mortgage in the event of
nonpayment of the loan by the Paguyos devolved upon the Clerk of Court, not on the respondent sheriff. The
amendment of Procedure in Extrajudicial Foreclosure of Mortgage, Circular No. 7-2002 which became
effective on April 22, 2002, provides:
Sec. 2. Upon receipt of the application, the Clerk of Court shall:
a. Examine the same to insure that the special power of attorney authorizing the extrajudicial
foreclosure of the real property is either inserted into or attached to the deed of real estate mortgage.
(Act No. 3135, Sec. 1, as amended)
Hence, respondent cannot be held administratively liable for proceeding with the foreclosure sale.
III. Yes.
Section 4(b) states:
Sec. 4. The sheriff to whom the application for extrajudicial foreclosure of mortgage was raffled shall
do the following:
 b. (1) In case of foreclosure of real estate mortgage, cause the publication of the notice of sale by
posting it for not less than twenty (20) days in at least three (3) public places in the municipality or city
where the property is situated and if such property is worth more than four hundred (P400.00) pesos,
by having such notice published once a week for at least three (3) consecutive weeks in a newspaper of
general circulation in the municipality or city (Sec. 3, Act No. 3135, as amended). x x x

In Development Bank of the Philippines v. Court of Appeals, 403 SCRA 460 (2003), the Court emphasized the
need for the republication of the Notice of Sheriff’s Sale of a postponed extrajudicial sale for the latter’s
validity. In that case, we held, citing Ouano v. CA, 398 SCRA 525 (2003): x x x republication in the manner
prescribed by Act No. 3135 is necessary for the validity of a postponed extrajudicial foreclosure sale. Another
publication is required in case the auction sale is rescheduled, and the absence of such republication
invalidates the foreclosure sale. x x x x x x x x x Publication, therefore, is required to give the foreclosure sale a
reasonably wide publicity such that those interested might attend the public sale. To allow the parties to
waive this jurisdictional requirement would result in converting into a private sale what ought to be a public
auction.