Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

RULES, REGULATIONS AND CONDUCT

OF THE PUBLIC AUCTION

To efficiently and effectively implement the public sale of delinquent properties, the
following Rules, Regulations and Conditions of the Public Auction is adopted.

I. WHO MAY PARTICIPATE

a) All Filipinos citizens who are not otherwise disqualified by law to acquire real property
in the Philippines;
b) Partnerships, Corporations and other legal entities duly registered with the Securities
and Exchange Commission, 60% of the capital of which is owned by Filipino citizens
and not otherwise disqualified by law to acquire real property in the Philippines;
c) Daily authorized representatives of the above-named persons with special power of
attorney.

NOTE : OFFICIALS AND EMPLOYEES OF THE PHILIPPINE GOVERNMENT, ITS


AGENCIES, INSTRUMENTALITIES AND LOCAL SUBDIVISIONS ARE NOT
ALLOWED TO PARTICIPATE EITHER DIRECTLY OR INDIRECTLY IN
THE PUBLIC AUCTION.

II. CONDITIONS OF THE SALE

a) The Provincial Treasurer does not warrant the authenticity or validity of the title of the
declared owner nor does he guarantee the correctness or accuracy of the description of
the property. Successful bidders acquire no better title than that of the registered
declared owner appearing on the title and they will acquire the property together with
all its encumbrances like mortgage, lease, and the like, existing at the time of the
purchase in auction. For their own protection, the prospective participants may first
ascertain for themselves the existence and the title of the property they may wish to bid
before making any bid.
b) Successful bidders shall, upon award, immediately pay the bid price. Payments shall
be made in cash or in manager’s or cashier’s check or personal check payable to the
Provincial Treasurer for the exact amount of the bid.
c) The Provincial Treasurer reserves the right to revoke any or all awards/sale on the
following grounds:
 Upon presentation of evidence that all taxes and penalties due the property had been
paid when the sale was made; or
 It is found later that the property is tax exempt by virtue of its being already
government owned or devoted exclusively for religious, educational or charitable
purposes;
 It is not liable under RA 7160 and other related laws;
 Non-payment of the bid price;
 Upon Certification of the Assessor’s Office that a discrepancy in the description,
location and / or issuance of the Tax Declaration has been discovered, rectification
of which will affect the validity of the sale.
d) At any time before the date fixed for the auction sale, the owner of the real property or
person having legal interest therein may stay the proceeding by paying the delinquent
tax, the interest due thereon and expenses of sale;
e) Within one (1) year from the date of the sale, the delinquent taxpayer or his
representative shall have the right to redeem the property. Redemption shall take effect
upon payment to the Provincial Treasurer of the total amount of taxes, fees, interest, or
penalties, cost of sale, and other related charges, from date of delinquency to the date
of sale, plus interest of two (2) percent per month on the purchase price to the date of
redemption. Such payment shall invalidate the Certificate of Sale issued to the
purchaser and shall entitle the owner to a Certificate of Redemption from the Provincial
Treasurer.
f) The Provincial Treasurer or his deputy, upon surrender of the certificate of sale
previously issued to the winning bidder, shall forthwith return the latter the entire
purchase price paid by him plus interest of two (2) percent per month computed from
the date of sale to the date of redemption;
g) From the date of sale until the expiration of the period of redemption, the delinquent
real property shall remain in the actual possession of the owner or person having legal
interest therein who shall be entitled to the rentals, income and other fruits thereof.
h) In case the taxpayer fails to redeem the property as herein provided, the Provincial
Treasurer shall execute a final deed conveying to the purchaser said property, free from
the liens of the delinquent tax, interest due thereon and expenses of sale. The deed shall
briefly state the proceedings upon which the validity of the sale rests. However, in the
matter of property registration, the Registry of Deeds is governed by the Property
Registration Decree of the Land Registration Authority, wherein the period of
redemption begins to run from the date of inscription of the Certificate of Sale;
i) In case there is no bidder for the real property, or the highest bid is for an amount
insufficient to pay the taxes, fees, interests, or penalties, cost of sale and other related
charges, the Provincial Treasurer conducting the sale shall purchase the property in
behalf of the Provincial Government to satisfy the claim and within two (2) days
thereafter shall make a report of his proceedings which shall be reflected upon the
records of his office.
j) Within one (1) year from the date of such forfeiture, the taxpayer or any of his
representative, may redeem the property by paying to the Provincial Treasurer the full
amount of taxes, fees, interest or penalties, cost of sale and other related charges. If the
property is not redeemed as provided herein, the ownership thereof shall be fully vested
in the Provincial Government;
k) Any expenses incurred in the winning bidder in annotating his Certificate of Sale shall
be for his account and will not form part of the redemption cost;
l) Withdrawal of bid price by the winning bidder for properties redeemed by the owner
from the Provincial Government shall be released within one (1) month from
redemption without additional interest.
III. PROCEDURE

1. REGISTRATION OF BIDDERS

1.1 All persons interested to participate in the Public Auction shall register with the
Provincial Treasurer by giving their names, present address, status, citizenship and
other personal circumstances.
1.2 The Provincial Treasurer may rcquire the presentation of additional credentials
or other documents as he may deem necessary.
1.3 Each of the prospective participants will be given a copy of the Rules, Regulations
and Conditions of the Public Sale and Acceptance Slip.
1.4 Those who agree to abide by the rules shall sign the acceptance slip.
1.5 The name of those who manifested their willingness to accede by the rules will be
entered in the Roster of Bidders and each will be assigned a number which shall
represent him and by which shall be called or referred to during the entire
proceedings.
1.6 Only those with assigned number may participate in the sale.

2. CONDUCT OF SALE

2.1 The sales shall be oral bidding.


2.2 The Provincial Treasurer, or his duly authorized representatives conducting the
sale, shall auction the entire delinquent property one after the other.
2.3 Where the land and improvement are covered by two (2) separate declarations and
both are delinquent and are declared in the name of one (1) person or are declared
in joint ownership, said property would be auctioned together to avoid their sale to
different persons.
2.4 Where an improvement or improvements that could be separated is or are erected
on lots that are covered by two (2) separate declarations and all are delinquent, said
delinquent property will be auctioned together for the same purpose.
2.5 The bidder who offer to pay the highest price from which the total amount of taxes,
penalties and cost of sale are satisfied be declared the winning bidder and shall be
entitled to an award.
2.6 Upon payment of the bid price, the Provincial Treasurer shall issue a Certificate of
Sale to the successful bidder.
2.7 The Certificate of Sale shall be registered by the bidder with the Registry of Deeds.
The period of redemption shall begin to run within one (1) year from the date of
sale, pursuant to RA 7160.
2.8 The person in whose name the property is listed and assessed shall be furnished a
copy of the Certificate of Sale.
2.9 Proceeds of the sale in excess of the delinquent tax, the interest thereon and the
expenses of sale shall be remitted to the owner of the real property or person having
legal interest therein.

APPROVED on this __th of ____________, 2019 in Boac, Marinduque.

ATTY. DIOSDADO DELA CRUZ DEBBIE L. MEDINA


Provincial Legal Officer AO IV/ OIC-PGSO
Member Member

MIRIAM S. SADIWA ENGR. RODRIGO E. OPIS


Provincial Budget Officer Provincial Assessor
Member Member

MARICEL T. VILLANUEVA
Acting Provincial Treasurer
Chairman

You might also like