Facts:

This case involves Nelda Apostol as the complainant and Junie Jovencio G. Ipac, Sheriff IV of the Regional Trial Court (RTC) Office of the Clerk of Court in Malolos City, as the respondent. The events began with Civil Case No. 809, entitled "Silver Spirit Plastics, Inc. v. CWB Plastics Corp. et al.," which concerned an ejectment action originally dismissed by the Municipal Trial Court (MTC) of Pulilan, Bulacan. On February 9, 2001, Branch 15 of the RTC reversed this dismissal, ruling in favor of Silver Spirit Plastics, Inc., and ordered the defendants, including CWB Plastics Corporation, to vacate the property and pay outstanding rental dues totaling P1,850,000. The judgement became final and executory, prompting the RTC to issue a writ of execution on May 4, 2001.

The case underwent appeal processes leading to a remand to the MTC for "proper execution." On March 7, 2003, the MTC authorized the issuance of a writ of execution against CWB Plastics and Mary An

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Facts:

In a case arising from an ejectment action in Civil Case No. 809 (“Silver Spirit Plastics, Inc. v. CWB Plastics Corp. et al.”), the Municipal Trial Court dismissed the case, only for the Regional Trial Court (RTC) of Malolos, Bulacan, to reverse that dismissal and render judgment in favor of plaintiff-appellant Silver Spirit Plastics Inc. The RTC’s decision ordered the defendants to vacate leased premises, pay unpaid rentals plus penalties, and cover attorney’s fees. After the decision became final and a writ of execution was issued, the sheriff of the RTC’s Office of the Clerk of Court in Malolos City (respondent Junie Jovencio Ipac) was charged with implementing the writ.

On April 10, 2003, respondent served the writ of execution on the defendant, CWB Plastics Corporation, and later, on August 14, 2003, he served a Notice of Levy and took possession of a Toyota Corolla—a vehicle which was disputed by third-party claimant Nelda Apostol. Apostol, presenting a Certificate of Registration, an Official Receipt, and a Deed of Absolute Sale (executed on July 24, 2003 by CWB transferring the vehicle to her), asserted her ownership of the vehicle. Respondent, however, contended that the notarized transfer had been a ploy by CWB, intended to defraud judgment obligee Silver Spirit; he maintained that the vehicle was properly part of CWB’s assets subject to the execution.

Subsequently, Apostol filed an administrative complaint charging respondent with grave abuse of authority for executing the levy despite her claim. In his defense, respondent underlined that his role as sheriff was ministerial, that he relied on appropriate documents (such as the official receipt showing payment in CWB’s name), and that he followed procedure by demanding an indemnity bond—which Silver Spirit duly posted—before proceeding with the public auction of the vehicle on August 25, 2003.

Issue:

1. Whether the sheriff (respondent) exceeded his ministerial duty by levying on a property (the vehicle) which a third party (Apostol) claimed ownership over.
2. Whether respondent’s actions in implementing and executing the writ of execution, including the failure to determine the rightful owner prior to the levy, amounted to grave abuse of authority.
3. Whether the procedural safeguards available under Rule 39 of the Rules of Court (specifically Sections 16 and 26 regarding third-party claims and the certification of sale) were properly observed.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)