Title
Paner vs. Torres
Case
A.M. No. P-01-1451
Decision Date
Feb 28, 2003
Complainant accused sheriff and process server of dereliction of duty for failing to enforce writs of execution and demolition, leading to Supreme Court fines for negligence and incompetence.
resolution
dereliction of duty
failure to execute judgment
A

Case Summary (A.M. No. P-01-1451)

Factual Background

After the MTC granted execution pending appeal, Sheriff IV Edgardo M. Torres returned the writ unsatisfied, stating that the defendants refused to vacate the premises. Paner and her siblings then sought a writ of demolition. On October 15, 1998, the MTC granted the motion and issued the writ of demolition.

Respondent Junior Process Server Adriano A. Vergara served a copy of the writ of demolition to the Office of the Provincial Sheriff, but did not serve copies to the parties. Following this, the defendants filed a motion for reconsideration of the MTC order granting the writ of demolition. The sheriff then issued a Sheriffs Return declaring that implementation of the writ of demolition was held in abeyance pending resolution of the motion for reconsideration.

Pprompted by these events, Paner filed the affidavit-complaint for Obstruction of Justice on December 1, 1998. She alleged, as to the sheriff, that he deliberately refused to enforce the writ of execution pending appeal, and that he demanded P 15,000.00 for expenses for implementation of the writ of demolition, which she claimed she could supply only in the amount of P 3,000.00. She further alleged that because of this, she hired a heavy truck and engaged twenty laborers.

As to the junior process server, Paner alleged that he deliberately did not serve them a copy of the order granting the writ of demolition, and that she and the other plaintiffs learned of the order only when they received a copy of the defendants’ motion for reconsideration, to their prejudice.

Pleadings and Defenses Before the Court Administrator

In his Answer, respondent Sheriff Torres asserted that the writ of execution pending appeal had been returned unsatisfied because defendants refused to vacate. He stated he could not implement the writ of demolition because of the pending motion for reconsideration. He also claimed that, as a defendant in RTC Civil Case No. 2688-98-C, he received a Notice of Hearing for issuance of a Temporary Restraining Order regarding implementation of the writ of demolition. He further alleged that the RTC issued a TRO effective for twenty days on December 1, 1998. Finally, he maintained that the complaint became moot and academic because on February 8, 1999, the writ of demolition had been fully satisfied: the house erected on the premises was demolished, and possession was turned over to the complainants.

In his separate Answer, respondent Junior Process Server Vergara admitted that it was his adopted procedure to immediately serve a copy of the order granting the writ of demolition to the Office of the Provincial Sheriff, without furnishing copies to the parties. He explained that he believed service to the parties was not required, considering that the writ had already been served to the proper officer, and he asserted that no one had ever called attention to the alleged impropriety.

The Court later noted that the factual allegations in the affidavit-complaint, read in their proper sense, indicated that what Paner meant by Obstruction of Justice was actually Dereliction of Duty and Manifest Partiality in relation to Civil Case No. 3542, as appreciated by the Office of the Court Administrator.

The Parties’ Contentions on the Merits

Paner challenged the sheriff’s refusal to enforce execution and his decision to hold the writ of demolition in abeyance due to the defendants’ motion for reconsideration. She also alleged that the sheriff demanded money for execution expenses and that the junior process server failed to serve the parties, allegedly prejudicing her in the proceedings.

Respondent Sheriff Torres countered that enforcement could not proceed because of the pending motion for reconsideration and because a TRO was allegedly issued by the RTC. He insisted that these developments rendered the complaint moot and academic, since demolition was ultimately completed and possession was later turned over.

Respondent Junior Process Server Vergara maintained that his omission to serve parties was grounded on his honest belief that service to the parties was unnecessary once the writ had already been served to the executing officer.

Legal Framework on the Sheriff’s Role and Execution Duties

The Court held that the sheriff’s role in execution of judgment is purely ministerial, and that the sheriff has no discretion whether to execute a judgment. It further ruled that the pendency of a motion for reconsideration of the order granting the writ of demolition was not a lawful excuse to defer implementation. The Court relied on the consistent principle that, absent instruction to the contrary, the sheriff must proceed with reasonable celerity and promptness to execute a judgment according to its mandate.

Findings on the Allegations Against Sheriff Torres

The Court rejected the sheriff’s mootness argument. It found that completion of the demolition and eventual turnover of possession did not erase the sheriff’s prior misconduct and negligence during the period he failed to implement the writ.

The Court found that the sheriff was negligent. The writ of demolition was dated October 15, 1998. On the same date, the sheriff received the writ and was obligated to make a return within twenty days from that date, or until November 4, 1998. The sheriff did not implement the writ until after that period lapsed. The Court found this supported by a letter from defendants’ counsel dated November 13, 1998, indicating that the writ of demolition, at the time it was served, had already expired.

The Court also treated the sheriff’s use of the motion for reconsideration as an excuse to postpone enforcement as improper. It reasoned that the deferment unduly favored the defendants and prolonged Paner’s “unnecessary prolonged agony” by triggering further incidents during the delay.

However, the Court did not sustain Paner’s allegation that the sheriff demanded and received money for the implementation of the writ of demolition. It found the claim unsubstantiated, with no evidence adduced to prove the demand or receipt of funds.

Findings on the Charges Against Junior Process Server Vergara

As to the junior process server, the Court emphasized Vergara’s admission that he did not serve copies of the writ of demolition to the parties. It described Vergara’s justification—that he believed service to parties was not required—as unacceptable. The Court considered the admission alarming and agreed with the Office of the Court Administrator that the omission showed incompetence and inefficiency.

The Court held that even if Vergara invoked good faith and lack of malice, these defenses did not excuse him from liability. It reasoned that accepting such a justification would enable the judiciary to be staffed with personnel acting on personal beliefs rather than established rules and principles of law.

Disposition and Sanctions

The Court ruled that both respondents were guilty. It found Sheriff IV Edgardo M. Torres and Junior

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