This case has been cited 3 times or more.
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2009-07-30 |
CHICO-NAZARIO, J. |
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| The Court reiterates that a sheriff, who is an officer of the court upon whom the execution of a final judgment depends, must be circumspect in his behavior.[25] As an officer of the court and therefore agent of the law, Sheriff Jundarino is mandated to discharge his duties with due care and utmost diligence because, in serving the court's writs and processes and in implementing its lawful orders, he cannot afford to err without affecting the administration of justice.[26] Any method of execution falling short of the requirement of the law deserves reproach and should not be countenanced.[27] | |||||
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2009-06-30 |
CHICO-NAZARIO, J. |
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| The Court reiterates that a sheriff, who is an officer of the court upon whom the execution of a final judgment depends, must be circumspect in his behavior.[25] As an officer of the court and therefore agent of the law, Sheriff Jundarino is mandated to discharge his duties with due care and utmost diligence because, in serving the court's writs and processes and in implementing its lawful orders, he cannot afford to err without affecting the administration of justice.[26] Any method of execution falling short of the requirement of the law deserves reproach and should not be countenanced.[27] | |||||
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2007-11-23 |
PER CURIAM |
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| In the instant case, Alvarez and Abaigar completely failed to observe the procedure in Section 10. They did not (1) prepare an estimate, (2) have the estimate approved by the court, (3) ask the party to deposit the amount with the clerk of court and ex-officio sheriff, (4) make a liquidation, (5) have the liquidation approved by the court, and (6) return any unspent amount. The acquiescence of complainant to the expenses does not absolve Alvarez and Abaigar of their failure to make an estimate and to secure the court's prior approval of the estimate.[22] Sheriffs are not allowed to receive voluntary payments from parties.[23] | |||||