The Supreme Court held that sheriffs have a ministerial duty to promptly implement writs of execution, and their failure to do so constitutes inefficiency and neglect of duty. Sheriffs cannot solicit or accept unofficial payments from parties; instead, they must follow the procedure outlined in the Rules of Court for estimating expenses and depositing funds with the Clerk of Court. This ruling reinforces the principle that public office is a public trust, and court personnel must avoid even the appearance of impropriety to maintain the integrity of the judiciary.

When Duty Calls: Can Sheriffs Accept “Voluntary” Payments?

In this case, Salvador L. Bernabe filed a complaint against Winston T. Eguia, a sheriff, alleging misconduct related to the implementation of a writ of execution. The central issue revolves around whether the sheriff’s actions – particularly soliciting and accepting money from a party-litigant without proper court approval and failing to promptly return the writ of execution – constitute conduct prejudicial to the best interest of the service.

The complainant, counsel for Golden Road Runner International Corporation, alleged that Sheriff Eguia requested P5,000 as a sheriff’s fee, which was paid. However, the complainant argued that this payment was improper because the sheriff did not follow the prescribed legal procedure of estimating expenses, securing court approval, and depositing funds with the Clerk of Court. Moreover, the Sheriff’s Return of Service was submitted beyond the sixty-day period, and the writ was returned unsatisfied. In his defense, Sheriff Eguia claimed that the payment was voluntary and intended for travel expenses, asserting he made multiple trips to execute the writ, which ultimately proved futile. The Office of the Court Administrator (OCA) found Eguia culpable and recommended a two-month suspension without pay.

The Supreme Court agreed with the OCA’s findings, emphasizing that the administration of justice demands the highest degree of efficiency, dedication, and professionalism. Sheriffs, as ranking officers of the court and agents of the law, must discharge their duties with great care and diligence. They cannot err in serving and implementing court writs without adversely affecting the dispensation of justice. The Court underscored the principle that public office is a public trust, requiring officials to perform their duties honestly, faithfully, and to the best of their ability. Specifically, the Court stated that Sheriffs are “repositories of public trust and are under obligation to perform the duties of their office honestly, faithfully and to the best of their ability.”

Furthermore, the Court clarified the importance of adhering to established procedures, emphasizing that good faith is irrelevant when a sheriff fails to comply with the rules. In particular, it noted that voluntary payments from parties are prohibited. The Court, referencing a prior case, highlighted the proper procedure for handling expenses:

The rule requires the sheriff executing the writs or processes to estimate the expenses to be incurred and upon the approval of the estimated expenses, the interested party has to deposit the amount with the Clerk of Court and the Ex-officio Sheriff. These expenses shall then be disbursed to the executing Sheriff subject to his liquidation within the same period for rendering a return on the process or writ. Any unspent amount shall be refunded to the party making the deposit.

The Court further stressed that a sheriff’s duty to execute a valid writ is ministerial. This means the sheriff is obligated to comply with the writ’s directives, and any delay or failure to do so promptly is a dereliction of duty. The Court reiterated Section 14, Rule 39 of the 1997 Rules of Civil Procedure:

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 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 male report to the court every thirty (30) days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or periodic reports shall be forth the whole of the proceedings taken, and shall be field with the court and copies thereof promptly furnished the parties.

The Court highlighted that the sheriff’s role is to execute the writ diligently and without delay, not to grant the judgment debtor leeway to raise funds. Undue delay undermines the judicial system and erodes public trust. By failing to submit the sheriff’s return promptly, the respondent failed to meet these standards. As the Court scathingly said in Aquino v. Lavadia: “[R]endered inutile is a decision left unexecuted or delayed indefinitely because of the sheriff’s inefficiency, negligence, misconduct or ignorance. Moreover, parties who are prejudiced tend to condemn the entire judicial system.” The Court emphasized that this was not the respondent’s first offense. The Court has repeatedly emphasized the high standards expected of sheriffs in the administration of justice and imposed penalties for actions violating the Rules of Court.

FAQs

What was the key issue in this case?	The key issue was whether Sheriff Eguia’s actions, including soliciting money from a party and failing to promptly return the writ of execution, constituted conduct prejudicial to the best interest of the service.
Can a sheriff accept voluntary payments from a party in a case?	No, sheriffs are not allowed to receive any voluntary payments from parties in the course of performing their duties. Such payments are considered improper, even if used for lawful purposes, as they create a suspicion of impropriety.
What is the proper procedure for handling expenses related to a writ of execution?	The sheriff must estimate the expenses, obtain court approval, and the interested party must deposit the amount with the Clerk of Court. The Clerk of Court then disburses the funds to the sheriff, subject to liquidation and refund of any unspent amount.
What is a sheriff’s duty regarding the execution of a writ?	A sheriff has a ministerial duty to execute a valid writ promptly and diligently. Any delay or failure to do so constitutes a dereliction of duty.
How long does a sheriff have to return a writ of execution?	The sheriff must return the writ immediately after the judgment is satisfied in part or in full. If the judgment cannot be fully satisfied within 30 days of receiving the writ, the sheriff must report to the court and provide the reasons.
What happens if a sheriff fails to comply with the rules?	A sheriff who violates the Rules of Court may be dismissed, fined, or suspended from office, depending on the severity of the infraction and any prior offenses.
Why is it important for sheriffs to uphold high standards of conduct?	Sheriffs play a crucial role in the administration of justice, and their conduct directly impacts the public’s perception of the judicial system. They must avoid any appearance of impropriety to maintain the integrity of the courts.
What was the Supreme Court’s ruling in this case?	The Supreme Court found Sheriff Eguia guilty of misconduct and suspended him for two months without pay. He was sternly warned that any similar future infractions would be dealt with more severely.

The Supreme Court’s decision underscores the importance of strict adherence to procedural rules and the prohibition of unofficial fees. It serves as a reminder to all court personnel that they are held to the highest standards of conduct to preserve the integrity of the justice system.

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: BERNABE v. EGUIA, A.M. No. P-03-1742, September 18, 2003