Law Summary
Appointment and Number of Deputies
- Provincial sheriffs have deputy appointments based on province classification: three deputies for 1st and 2nd class, two deputies for 3rd and 4th class, one deputy for 5th and 6th class provinces.
- Deputies are accountable under the sheriff’s supervision.
- Chiefs of municipal police are ex officio deputies without extra pay.
- Deputies’ salaries are sourced from insular funds.
Officer Exercising Sheriff Functions
- In Manila, the Clerk of the Court of First Instance performs sheriff functions ex officio.
- Provincial sheriffs are appointed by the Secretary of Justice.
- Eligibility requires: minimum age 25, Philippine or US citizenship, good moral character, and legal education or passing a civil service exam.
Carriage of Arms
- Sheriffs must carry revolvers for protection and to perform their duties effectively.
- Deputies may also carry arms upon recommendation and approval by the Secretary of Justice.
Detail of Policemen as Court Attendants
- Mayors or provincial governors must assign police or guards to attend court sessions for order enforcement under sheriff’s direction.
- If police detail is unavailable, a judge can appoint a bailiff temporarily during court sessions.
Temporary Sheriff's Appointment
- A Judge may appoint a temporary sheriff during vacancies or before permanent appointment qualification.
- Temporary sheriffs have full powers but serve only until a permanent sheriff qualifies or for a maximum of 90 days.
- Reappointments are limited and conditional upon vacancy after permanent appointment.
Compensation of Sheriffs and Deputies
- Manila clerk acting as sheriff receives an additional annual compensation of 2,000 pesos.
- Provincial sheriff compensation varies by province class:
- 1st class: up to 2,400 pesos
- 2nd class: up to 1,800 pesos
- 3rd class: up to 1,500 pesos
- 4th to 6th class: up to 1,200 pesos
- Deputy sheriffs receive 840 pesos annually.
- Insular aid to provinces is excluded in classifying specially organized provinces.
Collection and Management of Sheriff Fees
- Fees for sheriff services are paid to the Insular Government, forming part of the General Fund.
- Sheriffs must issue official receipts and remit fees monthly to the provincial treasurer.
- Detailed monthly reports of collections must be submitted, including transaction details.
Prohibition on Unauthorized Fee Collection and Bribery
- Sheriffs and deputies may not collect fees not prescribed by law or excessive amounts.
- Persons or corporations paying more to influence sheriffs are guilty of bribery; corporate officers or employees making such payments are criminally liable.
- Penalties include fines up to 200 pesos, imprisonment up to six months, or both.
- Sheriffs guilty of illegal collections are liable to repay fees and face dismissal.
Appropriation of Funds
- Necessary funds are appropriated from the Insular Treasury to implement this Act.
Effectivity
- The Act became effective on October 16, 1931.