This case has been cited 1 times or more.
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2011-09-06 |
PER CURIAM |
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| It is not a viable legal position to claim that a TRO against a writ of execution is issued against an erring sheriff, not against the issuing Judge. A TRO enjoining the enforceability of a writ addresses the writ itself, not merely the executing sheriff. The duty of a sheriff in enforcing writs is ministerial and not discretionary.[42] As already mentioned above, the appropriate action is to assail the implementation of the writ before the issuing court in whose behalf the sheriff acts, and, upon failure, to seek redress through a higher judicial body. Significantly, MSU did file its opposition before the issuing court -- Iligan City RTC -- which denied this opposition. | |||||