To be a newspaper of general circulation,
it is enough that it is published for the dissemination of local news and
general information, that it has a bona fide subscription list of paying
subscribers, and that it is published at regular intervals. Over and above all
these, the newspaper must be available to the public in general, and not just
to a select few chosen by the publisher. Otherwise, the precise objective of
publishing the notice of sale in the newspaper will not be realized. In fact, to ensure a wide readership of the
newspaper, jurisprudence suggests that the newspaper must also be appealing to
the public in general. The Court has, therefore, held in several cases that the
newspaper must not be devoted solely to the interests, or published for the
entertainment, of a particular class, profession, trade, calling, race, or
religious denomination. The newspaper need not have the largest circulation so
long as it is of general circulation.
As it stands, there is no
distinction as to the publication requirement in extrajudicial foreclosure
sales conducted by a sheriff or a notary public. The key element in
both cases is still general circulation of the newspaper in the place where the
property is located.
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