The Supreme Court ruled that a sheriff’s failure to file timely reports on the status of writs of execution constitutes simple neglect of duty, even if the prevailing party does not fully cooperate. This decision emphasizes that sheriffs must diligently perform their ministerial duties, ensuring the prompt and accurate execution of court orders, irrespective of external difficulties. This ruling underscores the judiciary’s commitment to maintaining public trust by ensuring that court officers fulfill their responsibilities diligently and transparently, reinforcing the importance of accountability in the execution of judicial processes.

Delayed Justice: When a Sheriff’s Inaction Undermines Court Authority

This case arose from a complaint filed against Desiderio W. Macusi, Jr., a Sheriff IV of the Regional Trial Court (RTC), Branch 25, Tabuk City, Kalinga, for failing to submit periodic reports on a writ of execution in Civil Case No. 429-06. The complainant, Criselda M. Paligan, inquired about the status of her writ, which had been issued on September 10, 2008, but had not been acted upon. Judge Victor A. Dalanao of the Municipal Trial Court in Cities (MTCC) referred the matter to the Office of the Court Administrator (OCA), noting that many similar cases lacked the required reports. The OCA then directed Atty. Mary Jane A. Andomang, Clerk of Court, RTC, to investigate. Macusi defended his inaction by claiming that the prevailing party, Paligan, did not coordinate with him and that he relied on practicality over strict adherence to rules, an argument the Supreme Court ultimately rejected.

The Supreme Court anchored its decision on Rule 39, Section 14, and Rule 141, Section 10 of the Rules of Court. Rule 39, Section 14 mandates that a writ of execution must be returned to the court immediately after the judgment is satisfied. If the judgment cannot be fully satisfied within thirty days, the officer must report to the court with the reasons, and continue to report every thirty days until the judgment is fully satisfied or its effectivity expires. This requirement ensures the court stays informed about the execution’s progress and can take necessary actions to expedite the process. The Court emphasized that the raison d’etre behind this rule is to keep the court updated and to ensure the speedy execution of decisions.

RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

x x x x

Sec. 14. Return of writ of execution. – The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall report to the court and state the reason therefor. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. The officer shall make a report to the court every (30) days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or the periodic reports shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the parties.

Furthermore, Rule 141, Section 10 outlines the procedures for sheriffs regarding expenses incurred during the execution of writs. It requires sheriffs to prepare an estimated budget, seek court approval, render an accounting, and issue official receipts. Macusi admitted he did not submit an estimate of expenses, stating that the winning parties willingly covered the costs, a violation of established procedure. The Court found that Macusi’s failure to adhere to these rules constituted simple neglect of duty, defined as the failure to give proper attention to a required task resulting from carelessness or indifference. This neglect undermines the integrity of the judicial process, eroding public trust in the judiciary.

RULE 141
LEGAL FEES

x x x x

Section 10. Sheriffs, PROCESS SERVERS and other persons serving processes. –

x x x x

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 trave, 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 rending 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.

Macusi’s defense, arguing that the prevailing parties’ lack of cooperation relieved him of his duties, was also rejected. The Court referenced Mariñas v. Florendo, emphasizing that sheriffs are essential to the administration of justice and are expected to uphold high standards. Sheriffs must comply with basic rules for implementing writs of execution, and any deviation is unacceptable. Difficulties in satisfying a judgment do not excuse inaction, as sheriffs can bring such challenges to the attention of their superiors and the courts through proper reporting. The Supreme Court reiterated that the role of a sheriff in executing a court-issued writ is purely ministerial. This means a sheriff must execute the court’s directives strictly according to the law, without exercising discretion over the manner of execution.

Sheriffs play an important role in the administration of justice and as agents of the law, high standards are expected of them. They are duty- bound to know and to comply with the very basic rules relative to the implementation of writs of execution.

It is undisputed that the most difficult phase of any proceeding is the execution of judgment. The officer charged with this delicate task is the sheriff. 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. He is to execute the directives of the court therein strictly in accordance with the letter thereof and without any deviation therefrom.

The Court also dismissed Macusi’s argument that his resignation from service due to his candidacy in the 2010 Local Elections rendered the case moot. Resignation does not absolve an employee from administrative liability. The jurisdiction of the Court at the time the complaint was filed remains, regardless of the employee’s subsequent departure from service. The Supreme Court cited Baquerfo v. Sanchez, affirming that cessation from office does not warrant dismissal of an administrative complaint, nor does it render the case moot.

Cessation from office of respondent by resignation or retirement neither warrants the dismissal of the administrative complaint filed against him while he was still in the service nor does it render said administrative case moot and academic. The jurisdiction that was this Court’s at the time of the filing of the administrative complaint was not lost by the mere fact that the respondent public official had ceased in office during the pendency of his case. Respondent’s resignation does not preclude the finding of any administrative liability to which he shall still be answerable.

Ultimately, the Supreme Court found Macusi guilty of simple neglect of duty and imposed a fine of P4,000.00. This decision serves as a reminder to all sheriffs and court employees of their responsibilities in upholding the integrity of the judicial system. The consistent and faithful execution of court orders is crucial for maintaining public trust and ensuring that justice is served effectively.

FAQs

What was the key issue in this case?	The key issue was whether a sheriff’s failure to submit periodic reports on the status of writs of execution constituted simple neglect of duty, even if the prevailing party did not fully cooperate. The Supreme Court affirmed that it did.
What are the duties of a sheriff regarding writs of execution?	A sheriff must execute the writ promptly, report to the court every 30 days if the judgment is not fully satisfied, and adhere to the rules for estimating and accounting for expenses. These duties are outlined in Rule 39, Section 14, and Rule 141, Section 10 of the Rules of Court.
What is simple neglect of duty?	Simple neglect of duty is defined as the failure of an employee to give proper attention to a required task due to carelessness or indifference. It is a punishable offense under the Omnibus Civil Service Rules and Regulations.
Does a sheriff have discretion in executing a writ?	No, a sheriff’s duty in executing a writ issued by a court is purely ministerial. This means the sheriff must follow the court’s directives strictly, without deviation or exercising personal judgment.
What happens if the prevailing party does not cooperate with the sheriff?	Even if the prevailing party does not cooperate, the sheriff is still obligated to submit periodic reports to the court. These reports can detail any difficulties encountered and seek guidance from the court.
Can a sheriff receive voluntary payments from parties?	No, sheriffs are not allowed to receive voluntary payments from parties in the course of performing their duties. All expenses must be estimated, approved by the court, and properly accounted for.
Does resignation from service absolve an employee from administrative liability?	No, resignation from service does not absolve an employee from administrative liability. The court retains jurisdiction over the case, and the employee remains answerable for any misconduct committed while in service.
What was the penalty imposed on the sheriff in this case?	The Supreme Court found Desiderio W. Macusi, Jr. guilty of simple neglect of duty and imposed a fine of P4,000.00.

This case highlights the critical role of sheriffs in ensuring the effective administration of justice. By emphasizing the importance of timely reporting and adherence to procedural rules, the Supreme Court reinforces the need for accountability and diligence among court personnel. The ruling serves as a clear warning that failure to fulfill these duties will result in appropriate disciplinary action, thus safeguarding the integrity of the judicial process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: OFFICE OF THE COURT ADMINISTRATOR v. DESIDERIO W. MACUSI, JR., A.M. No. P-13-3105, September 11, 2013