Question & AnswerQ&A (Act No. 3598)
The clerk of the Court of First Instance in the City of Manila exercises the functions of sheriff ex-officio.
The Secretary of Justice appoints the provincial sheriffs in the several provinces of the Philippines.
A provincial sheriff must be at least 25 years old, a citizen of the Philippines or the United States, of good moral character, and either admitted to practice law by the Supreme Court, have completed legal studies in a recognized school, or passed the corresponding civil service examination.
The sheriff is the legal custodian of courthouse properties (except clerk's office records), maintains court decorum, preserves order, enforces court orders, serves writs and executes processes from the Court of First Instance, and in Manila, also serves civil writs from other courts.
Sheriffs in first and second class provinces may appoint three deputies; third and fourth class provinces two deputies; and fifth and sixth class provinces one deputy.
Yes, the Mayor in Manila or the Provincial Governor/municipal president in provinces shall direct police or guard detail to attend court sessions and maintain order under sheriff's direction. If unavailable, a bailiff may be appointed as emergency employee.
Sheriffs must supply themselves with a revolver for protection and are entitled to carry it free of charge. Deputies may also carry arms upon sheriff's recommendation and Secretary of Justice approval.
All fees prescribed by law collected by sheriffs shall be paid to the Insular Government and become part of the General Fund. Sheriffs must issue official receipts, remit collections monthly to the provincial treasurer, and submit sworn monthly reports to the Secretary of Justice through the Judge of the Court of First Instance.
They can be fined up to two hundred pesos or imprisoned up to six months or both. Sheriffs may be dismissed, and their bonds held liable to refund unlawfully collected fees. Persons or corporations paying excessive fees to influence sheriffs are guilty of bribery and liable to criminal prosecution.
The Judge of the Court of First Instance may appoint a temporary sheriff in emergency cases, including a deputy clerk or other government officer, who holds full sheriff powers but only for up to 90 days or until a permanent sheriff qualifies.