This case has been cited 5 times or more.
2006-10-31 |
GARCIA, J. |
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The most important phase of any proceeding is the execution of judgment.[12] If not enforced, decisions embodying the judgments become empty victories for the prevailing parties.[13] The officer charged with this delicate task is the sheriff.[14] Verily, sheriffs play an important role in the administration of justice because they are called upon to serve court writs, to execute all processes, and to carry into effect the orders of the court with due care and utmost diligence.[15] | |||||
2006-03-10 |
CHICO-NAZARIO, J. |
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It is undisputable that the most difficult phase of any proceeding is the execution of judgment.[19] The officer charged with this delicate task is the sheriff.[20] The sheriff, as an officer of the court upon whom the execution of a final judgment depends, must necessarily be circumspect and proper in his behavior. Execution is the fruit and end of the suit and is the life of the law.[21] He is to execute the directives of the court therein strictly in accordance with the letter thereof and without any deviation therefrom.[22] In the case at bar, respondent sheriff departed from the directive of the court by failing to make periodic reports on the implementation of the writ and to fully implement the said writ. | |||||
2005-03-31 |
CHICO-NAZARIO, J. |
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It is undisputable that the most difficult phase of any proceeding is the execution of judgment.[34] The officer charged with this delicate task is the sheriff. Despite being exposed to hazards that come with the implementation of the judgment, the sheriff must perform his duties by the book.[35] Respondent Tobillo failed to perform what was expected of him. | |||||
2004-12-17 |
YNARES-SATIAGO, J. |
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It is undisputable that the most difficult phase of any proceeding is the execution of judgment.[9] If not enforced, such decisions become empty victories of the prevailing parties.[10] The officer charged with this delicate task is the sheriff.[11] Verily, sheriffs play an important role in the administration of justice because they are called to serve court writs, execute all processes, and carry into effect the orders of the court with due care and utmost diligence.[12] | |||||
2004-12-16 |
PER CURIAM |
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It is undisputable that the most difficult phase of any proceeding is the execution of judgment.[32] The officer charged with this delicate task is the sheriff.[33] The sheriff, as an officer of the court upon whom the execution of a final judgment depends, must necessarily be circumspect and proper in his behavior. Execution is the fruit and end of the suit and is the life of the law.[34] And considering the ministerial nature of his duty in enforcing writs, what is incumbent upon a sheriff is to ensure that only that portion of a decision ordained or decreed in the dispositive portion should be the subject of execution. No more, no less.[35] It is the duty of the respondent, as an officer of the court, to know that the computation of the amount due must be stated in the writ of execution.[36] He is to execute the directives of the court therein strictly in accordance with the letter thereof and without any deviation therefrom.[37] In the case at bar, respondent Moncada departed from the directive of the court by withdrawing an amount bigger than that stated in the judgment and writ of execution. |