This case has been cited 4 times or more.
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2008-03-28 |
PER CURIAM |
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| With regard to sheriff's expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, the interested party should pay said expenses in an amount estimated by the sheriff, subject to the approval of the court,. Upon approval of said estimated expenses, thee interested party shall deposit each amount with the Clerk of Court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. The liquidation shall be approved by the court. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff's expenses shall be taxed as costs against the judgment debtor. It is clear from the Rule that before an interested party pays the expenses of a sheriff, the latter should first estimate the amount which will then be approved by the court. Upon approval, the interested party deposits the amount with the clerk of court and ex-officio sheriff. The latter then disburses the amount to the sheriff assigned to execute the writ. The amount so disbursed is subject to liquidation. Any unspent amount should be refunded to the party making the deposit. Thereafter, the sheriff must render a full report.[24] | |||||
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2007-02-14 |
AUSTRIA-MARTINEZ, J. |
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| Well-settled is the rule that a sheriff's duty in the execution of the writ is purely ministerial; he is to execute the order of the court strictly to the letter.[5] He has no discretion whether to execute the judgment or not.[6] When a writ is placed in the hands of the sheriff, it is his duty, in the absence of any instructions to the contrary, to proceed with reasonable celerity and promptness to implement it in accordance with its mandate.[7] For it is only by doing so could he ensure that the order is executed without undue delay. It cannot be overemphasized that sheriffs play an important part in the administration of justice, because they are tasked to execute the final judgments of courts. If not enforced, such decisions are empty victories on the part of the prevailing parties.[8] Indeed, the execution of a final judgment is "the fruit and end of the suit and is the life of the law." | |||||
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2006-01-31 |
PER CURIAM |
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| "At the grassroots of our judicial machinery, sheriffs and deputy sheriffs are indispensably in close contact with the litigants, hence, their conduct should be geared towards maintaining the prestige and integrity of the court, for the image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of the men and women who work thereat, from the judge to the least and lowest of its personnel; hence, it becomes the imperative sacred duty of each and everyone in the court to maintain its good name and standing as a temple of justice." [16] (Underscoring supplied) And they are mandated to, in the implementation of writs or processes of the court, comply with Rule 141, Section 10 of the Revised Rules of Court, the pertinent portion of which reads:With regard to sheriff's expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, the interested party shall pay said expenses in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. THE LIQUIDATION SHALL BE APPROVED BY THE COURT. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff's expenses shall be taxed as costs against the judgment debtor. But respondent did not. | |||||
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2006-01-31 |
PER CURIAM |
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| Given respondent's purely ministerial role in the execution of judgments, he is under duty to proceed with reasonable celerity and promptness to execute judgments according to their mandate, [18] otherwise, they become empty victories of the prevailing party. [19] But respondent failed to discharge this duty. | |||||