QuestionsQuestions (Act No. 3598)
To provide that the sheriff’s functions are exercised ex-officio by the clerk of the Court of First Instance in Manila and by provincial sheriffs in the provinces, amend specific provisions of the Administrative Code on sheriff powers, deputies, appointment, and compensation, and appropriate funds for salaries and related purposes.
The sheriff is the legal custodian of the courthouse/quarters set apart for court rooms and court offices (including Supreme Court buildings in Manila) and is responsible for the safe-keeping of all public property therein, except the books, records, and papers of the clerk.
The sheriff (in person or by deputy) must attend sessions, enforce proper decorum, preserve good order in court precincts, carry out orders of the court or judge on these matters, and arrest any person disturbing the court or violating the peace.
In the City of Manila, the sheriff serves or executes civil writs, processes, and orders issued from the Supreme Court or any inferior or superior court or by a judge of such courts.
In Manila, criminal orders and processes from whatever court or judge are served or executed by members of the city police department. In provinces, warrants of arrest in criminal cases are executed by members of the Philippine Constabulary or municipal police force, though they may also be served/executed with equal effect by the sheriff.
First and second class provinces: three deputies; third and fourth class: two deputies; fifth and sixth class: one deputy.
The chief of police in each municipality is ex-officio deputy sheriff in his municipality without additional compensation. The provincial deputies’ salaries are paid out of insular funds.
The clerk of the Court of First Instance of Manila exercises the functions of sheriff ex-officio.
Provincial sheriff appointed by the Secretary of Justice.
At least 25 years of age; citizen of the Philippines or the United States; of good moral character; admitted by the Supreme Court to practice law, or has finished legal studies in a recognized school, or passed the corresponding civil service examination.
Sheriffs are to supply themselves with a revolver for proper exercise of functions and protection, entitled to free carriage thereof. Deputies may be extended the right upon recommendation of the sheriff and approval of the Secretary of Justice.
In Manila, the Mayor directs the detail of one or more members of the provincial guard or municipal police; in provinces, the Provincial Governor or municipal president directs such detail where a Court of First Instance or superior court is held. This is under the sheriff’s direction. If impossible, the judge may appoint a bailiff as emergency employee while the court is in session.
When the provincial sheriff office is vacant or proper appointee has not yet qualified, the Court of First Instance judge may make a temporary appointment in emergency pending appointment/qualification. The temporary appointee has all powers of a regular sheriff and ceases when successor duly qualifies or at expiration of 90 days. No second appointment of the same person unless a new vacancy arises after a permanent sheriff is appointed and qualified.
Manila clerk-sheriff: additional compensation of PHP 2,000 per annum. Provinces: not exceeding PHP 2,400 in first-class; PHP 1,800 in second-class; PHP 1,500 in third-class; PHP 1,200 in fourth, fifth, and sixth-class. Deputy sheriffs: PHP 840 per annum.
In classifying specially organized provinces, the amount of insular aid received by the provinces shall not be considered.
After approval of the Act, the fees accrue and are paid to the Insular Government and form part of the General Fund. Sheriffs and deputies issue official receipts, turn over collections monthly to the provincial treasurer for transmittal to the Insular Treasurer, and submit monthly sworn reports of collections (with receipt details, amounts, payors, and case numbers) to the Secretary of Justice through the Judge of the Court of First Instance.
Sheriffs are prohibited from collecting fees not prescribed by law or collecting excessive fees. Payments exceeding lawful fees with a view to influencing the sheriff to do something other than required by law constitute bribery; persons making payment (for corporations/partnerships, the president/manager or employee making the payment) are liable to criminal prosecution. Penalty: fine not exceeding PHP 200 or imprisonment not more than 6 months, or both. Sheriffs’ bonds are liable to pay the aggrieved party unlawfully/excessively collected fees, and the sheriff shall be dismissed.
On October 16, 1931.