Case Summary (A.M. No. P-01-1451)
Factual Background
After the MTC ruled in favor of the plaintiffs, the defendants appealed, prompting the plaintiffs to file for a writ of execution pending appeal, which the MTC granted based on the insufficiency of the supersedeas bond by the defendants. The writ, however, remained unimplemented due to the defendants' refusal to vacate. Subsequently, a writ of demolition was also granted but not properly executed, leading to the filing of a complaint against the respondents for obstruction of justice.
Allegations of Dereliction of Duty
Lina M. Paner alleged that Respondent Sheriff Torres failed to execute the writ of demolition and demanded payment for his services. She claimed to have engaged a heavy truck and laborers to assist in the demolition, which underscores her attempts to comply with the court's orders. The respondents, particularly Sheriff Torres, argued that his inaction was due to a pending motion for reconsideration by the defendants and that the situation became moot as the writ was later executed.
Respondents' Defenses
In response to the allegations, Sheriff Torres argued that the issuance of a Temporary Restraining Order (TRO) related to the implementation of the writ warranted his non-execution of the order. Meanwhile, Junior Process Server Vergara maintained that his actions of communicating the writ only to the Provincial Sheriff were in line with his understanding of procedural propriety.
Court's Findings on the Sheriff's Conduct
The court found Sheriff Torres's assertion that the case had become moot unpersuasive. It emphasized the sheriff's purely ministerial role in executing court orders, which does not allow room for discretion based on pending motions. The court noted that a sheriff must act swiftly and diligently in executing judgments unless explicitly instructed otherwise, highlighting Torres's failure to comply with the 20-day deadline for the return of the writ of demolition.
Ruling on the Allegations Against Junior Process Server
The court deemed Vergara's failure to not
...continue readingCase Syllabus (A.M. No. P-01-1451)
Case Background
- Lina M. Paner, the complainant, is one of the plaintiffs in Civil Case No. 3542, titled Anicia Mule v. Spouses Dominador Luna, et al., related to an ejectment case filed before the Municipal Trial Court (MTC) of Calamba, Laguna.
- The MTC rendered a judgment in favor of the plaintiffs, which included Paner and her siblings, who are co-owners of the disputed property.
- The defendants appealed the MTC decision to the Regional Trial Court (RTC) of Calamba, Laguna.
Motion for Execution Pending Appeal
- In response to the defendants’ appeal, the plaintiffs, including Paner, filed a motion for a writ of execution pending appeal, citing the insufficiency of the supersedeas bond posted by the defendants.
- The MTC granted this motion, issuing a writ of execution pending appeal.
Non-Implementation of the Writ
- Respondent Sheriff IV Edgardo M. Torres returned the writ unsatisfied, citing the defendants' refusal to vacate the premises.
- Consequently, the plaintiffs filed a motion for a writ of demolition, which was granted by the MTC in an order dated October 15, 1998.
Service Issues
- Junior Process Server Adriano A. Vergara served the writ of demolition to the Office of the Provincial Sheriff but failed to serve copies to the parties involved.
- The defendants subsequently filed a motion for reconsideration regarding the order granting the writ of demolition.
Allegations Against Respondents
- Paner filed an affidavit-complaint for Obstruction of Justice against Sheriff Torres and Junior Process Server Vergar