Definition, Duties, and Conduct of Sheriffs
- Sheriffs are public officers exercising powers within prescribed authority and jurisdiction.
- They serve all writs, execute processes, and implement decisions/orders/awards from NLRC, Labor Arbiters, POEA, and Supreme Court where applicable.
- Only bonded sheriffs may execute writs involving possession or handling of money/property in trust.
- Sheriffs must uphold integrity and focus on effective implementation of writs.
Writ of Execution: Nature and Requirements
- A writ of execution commands sheriffs to enforce final decisions or orders.
- It is valid for 60 days from receipt by the sheriff.
- Writs originate from NLRC, Labor Arbiters, POEA, or Supreme Court, and must contain dispositive portions of the decisions/orders/awards.
- Execution directives differ based on the nature of the judgment (monetary payment or reinstatement).
Properties Subject to Execution
- Execution targets only the losing party's properties, with specific exemptions such as:
- Family home or homestead land, subject to limitations.
- Necessary clothing and household furniture/utensils.
- Provisions sufficient for three months.
- Professional libraries of prescribed professionals within value limits.
- Earnings required for family support from prior month.
- Life insurance benefits/annuities.
- Tools used in trade not exceeding P3,000 in value.
- Other properties exempted by law.
Execution of Money Judgments
- Sheriffs levy on sufficient non-exempt properties belonging to the losing party.
- Properties are sold at public auction; proceeds deposited with the NLRC or POEA cashier.
- Payments are issued in the institution's name, and any surplus proceeds returned to the losing party.
- Partial levies are done if property exceeds judgment amount.
Levy and Garnishment Procedures
- Levy entails taking possession/control of property sufficient to satisfy judgment.
- Valid levies include:
- Physical possession of movable property.
- Delivering notices to stock or share custodians for corporate interests.
- Notifying debtors for debts and credits.
- Informing estate representatives regarding heir or devisee interests.
- Garnishment targets money or property owed to the losing party in possession of third parties; notice issued to such third parties instructing them to hold property pending further orders.
Third Party Claims
- Third parties alleging ownership or possession rights must file an affidavit with bases for claim.
- Filing suspends execution pending hearing and resolution within specified time frames.
- The prevailing party may enable execution to continue by posting an indemnity bond equal to the property's value.
- Valid claims result in property release and lifting of levy; invalid claims allow execution to proceed.
Sale of Property on Execution
- Sales cannot occur without prior notices specifying property, location, sale date/time, and terms.
- Notice posting periods vary based on type of property (perishable, personal, real property).
- Improper notice results in null and void sales and imposes fines on responsible officers or persons defacing notices.
- Lossing party may forestall sale by paying required sums plus costs.
- Sales conducted by public auction to highest bidder within prescribed hours.
- Sheriff and deputies prohibited from purchasing at sales.
- Refusal by purchaser to pay allows resale; labor arbiter may compel payment and impose sanctions.
- Prevailing party purchaser pays only the excess over judgment amount.
- Sales may be adjourned with written consent or for insufficient time.
- Upon payment, sheriffs convey ownership by delivering property or certificates of sale, depending on property type.
- Certificates of sale for real property are recorded with the Register of Deeds.
Redemption of Real Property Sold
- Losing parties or creditors with junior liens may redeem property within 12 months by repaying purchase price plus interest and other related costs.
- Successive redemptions allowed within 60-day intervals with increased interest rates.
- Redemption effectuates termination of sale and restoration of estate to losing party.
- Certificates of redemption recorded with Register of Deeds.
- In absence of redemption, deed and possession are conveyed to purchaser or assignee.
- If purchaser fails to secure possession due to irregularities or adverse claims, remedies include recovery of price or revival of judgment.
Sheriff's Return and Execution Procedures
- Sheriffs must return writs with detailed proceedings within 10 to 60 days of receipt.
- Failure to timely return causes fines or suspension.
- Execution ceases upon unsatisfied returns unless alias writ issued.
- Sheriffs may not accept deposits contingent on no execution pending appeal.
- Labor Arbiters may issue break-open orders to enforce entry where access is refused.
Miscellaneous Provisions
- Sheriffs must wear uniforms, badges, and carry identification while performing duties.
- Assignment of writs to sheriffs conducted by raffle by issuing officials.
- Levied properties must be inventoried and stored securely; storage costs borne by losing party.
- Execution questions referred promptly to issuing officers.
- Sheriffs entitled to reimbursement for expenses and provided monthly advances, with execution fees imposed on losing parties based on award amount.
- Where NLRC or regional arbitration branches are absent, city or provincial sheriffs may be delegated execution duties.
Effectivity
- The Manual takes effect fifteen days after publication in the Official Gazette.