Case Summary (A.M. No. P-01-1454)

Ministerial Duty of the Sheriff

• The sheriff has a ministerial duty to implement the writ of execution issued by the court.
• Section 9, Rule 141 of the Rules of Court mandates that the sheriff must secure prior approval from the court for estimated expenses and fees related to the implementation of the writ.

Background of the Case

• The Municipal Circuit Trial Court of Kiamba-Maitum, Sarangani, rendered a decision in Civil Case No. 281 for Forcible Entry and Damages on August 8, 1995.
• A writ of execution was issued on October 4, 1996, to restore possession to the plaintiffs and satisfy a money judgment of P40,000.00.
• Sheriff Alonzo B. Osita was tasked with implementing the writ and reported the harvest and sale of 172 sacks of rice for P60,102.00, incurring expenses of P49,535.00, resulting in net proceeds of P10,567.00 turned over to one plaintiff.

Allegations Against Sheriff Osita

• Atty. H. Echavez-Villondo, counsel for the plaintiffs, criticized Sheriff Osita for incurring excessive expenses for lodging and meals amounting to P10,000.00 without court approval.
• He argued that the sheriff's justification for these expenses as necessary for the "High Morale of the Troops" was inappropriate.
• Atty. Echavez-Villondo contended that the sheriff's actions were detrimental to the plaintiffs and that the proceeds should have been distributed among all plaintiffs, not just one.

Sheriff Osita's Defense

• In his reply, Sheriff Osita presented an affidavit from Arsenio Gadut, indicating satisfaction with the sheriff's actions and expenses.
• Atty. Echavez-Villondo countered that the approval from one plaintiff did not rectify the violation of the Rules of Court.

Court Administrator's Report

• The Court Administrator noted that while the sheriff has a ministerial duty, he must secure court approval for expenses.
• Sheriff Osita was found to have failed in two respects: not obtaining prior approval for expenses and not turning over the proceeds to the clerk of court.
• A fine of P5,000.00 was recommended for Sheriff Osita's negligence.

Court's Ruling

• The Court agreed with the Court Administrator's findings, emphasizing the necessity for sheriffs to comply with Section 9 of Rule 141.
• The sheriff must prepare an estimate of expenses, seek court approval, render an accounting, and issue official receipts.
• Sheriff Osita's failure to follow these procedures constituted a violation of the Rules of Court.

Failure to Turn Over Proceeds

• Sheriff Osita sold the rice and turned over the proceeds directly to one plaintiff instead of the clerk of court, which is against the established procedure.
• Even with the presence of Arsenio Gadut, the sheriff should not have turned over...continue reading

Case Syllabus (A.M. No. P-01-1454)

Background of the Case

• The case involves a complaint against Sheriff Alonzo B. Osita for allegedly failing to properly execute a writ of execution.
• The Municipal Circuit Trial Court of Kiamba-Maitum, Sarangani issued a decision on August 8, 1995, in Civil Case No. 281, ordering the restoration of possession and satisfaction of a money judgment amounting to P40,000.00.
• The trial court issued a writ of execution on October 4, 1996, assigned to Sheriff Osita.

Facts of the Case

• Sheriff Osita executed the writ by harvesting 172 sacks of rice, selling them for P60,102.00.
• After incurring expenses totaling P49,535.00, he turned over a net amount of P10,567.00 to plaintiff Arsenio Gadut.
• Atty. H. Echavez-Villondo, representing the plaintiffs, raised concerns regarding the incurred expenses, specifically criticizing lodging and meal costs of P10,000.00 for Sheriff Osita and his twenty escorts.
• Atty. Echavez-Villondo alleged that Sheriff Osita did not secure court approval for these expenses as required by the Rules of Court.

Allegations Against Sheriff Osita

• Sheriff Osita was accused of failing to consult with Atty. Echavez-Villondo before incurring the expenses, which were deemed excessive.
• He wa...continue reading