Case Digest (A.M. No. P-94-1030)
Facts:
- The case involves a complaint by Gabriel C. Aristorenas, Pedro C. Aristorenas, Lita S. Aristorenas, Sotero M. Aristorenas, Jr., and Lauro C. Aristorenas against Rogelio S. Molina, a Deputy Sheriff IV.
- The complaint alleges "excess of and grave abuse of authority, usurpation of power, and conduct most prejudicial to the best interest of service."
- The complainants were defendants in Civil Case No. B-2722, where the trial court ruled in favor of the plaintiffs, ordering the defendants to pay P23,600.00.
- The complainants did not appeal the judgment, while a co-defendant's appeal was dismissed.
- Following a motion for execution by the plaintiffs, the trial court issued a writ of execution against the complainants, which was returned unsatisfied.
- The complainants filed a motion to quash the writ, which was denied.
- Multiple alias writs of execution were issued, leading to a Notice of Levy and a Notice of Auction Sale by the respondent.
- The complainants alleged grievances, including executing a judgment that was not final, levying on the entire property instead of their undivided shares, and failing to properly publish the Notice of Auction Sale.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the complaint against Deputy Sheriff Rogelio S. Molina.
- The Court found no merit in the allegations regarding the execution of the judgment, the levy on the property, the valuation of the property, and the publication of the Notice of Auction Sale.
Ratio:
- The Court ruled that the trial court had the authority to determine whether the judgment was final and executory, and the respondent's role in executing the judgment was purely ministerial, with no discretion to refuse execution.
- The complainants' argument that the judgment was not final was deemed irrelevant to the respondent's duties.
- The Notice of Levy indicated it was made on all rights and interests of the complainants in the property, which was within the respondent's authority.
- The Court accepted the respondent's assertion that the property had an assessed value of only P9,884.27, which did not require publication of the Notice of Auction Sale, as the threshold for publication was set at P50,000.00.
- The Court emphasized that objections to the execution process should be addressed through proper judicial channels rather than through an administrative complaint against the sheriff.
Case Digest (A.M. No. P-94-1030)
Facts:
The case involves a complaint filed by Gabriel C. Aristorenas, Pedro C. Aristorenas, Lita S. Aristorenas, Sotero M. Aristorenas, Jr., and Lauro C. Aristorenas against Rogelio S. Molina, a Deputy Sheriff IV of the Regional Trial Court, Branches 24 and 25, BiƱan, Laguna. The complaint was lodged on the grounds of "...