The Supreme Court ruled that a sheriff’s failure to comply with the requirements of notice and proper venue in an execution sale constitutes simple neglect of duty. This means that sheriffs must strictly adhere to the Rules of Court, particularly regarding informing the judgment obligor of the sale and conducting the sale at the correct location. This decision underscores the importance of procedural due process in execution sales to protect the rights of all parties involved.

Auction Fiasco: When a Sheriff’s Shortcuts Lead to Suspension

This case arose from an administrative complaint filed by spouses Jose and Milagros Villaceran against Sheriff Wilmer M. Beltejar. The Villacerans were the accused in criminal cases for violations of Batas Pambansa Blg. 22, but were acquitted and ordered to pay damages, leading to the levy of their properties. They alleged that Sheriff Beltejar committed irregularities during the scheduled auction sale of their properties. Specifically, they claimed that despite the auction not taking place, the sheriff issued a certificate of sale, making it appear as if the sale had been conducted, and that Jaime E. Co, the private complainant in the criminal cases, was the highest bidder. This led to charges of dishonesty, oppression, and falsification against the sheriff.

Sheriff Beltejar denied the charges, stating that a public auction sale did occur, but at the Office of the Clerk of Court, not in Marilao, Bulacan as originally planned. He claimed the venue changes were at the request of Jaime E. Co and that the complainants’ counsel was notified. Due to the conflicting accounts, the Supreme Court referred the matter to the Executive Judge of the Regional Trial Court of Echague, Isabela for investigation, report, and recommendation. The investigator found that the sale occurred in Santiago City, the complainants were not informed of the change, and Jaime E. Co was the lone bidder, recommending a charge of simple misconduct for failure to provide the required three-day notice. The Office of the Court Administrator (OCA) agreed with the finding of simple misconduct but recommended a one-month suspension.

The Supreme Court dismissed the charges of dishonesty, oppression, and falsification, but found Sheriff Beltejar liable for procedural shortcuts. The Court emphasized the importance of following the prescribed procedures for execution sales as outlined in Rule 39 of the Rules of Court. Specifically, Section 15 of Rule 39 details the requirements for notice before the sale of property on execution:

Before the sale of property on execution, notice thereof must be given as follows:

x x x

(c) In case of real property, by posting for twenty (20) days in the three (3) public places above-mentioned, a similar notice particularly describing the property and stating where the property is to be sold, and if the assessed value of the property exceeds fifty thousand (P50,000.00) pesos, by publishing a copy of the notice once a week for two (2) consecutive weeks in one newspaper selected by raffle, whether in English, Filipino, or any major regional language published, edited and circulated or, in the absence thereof, having general circulation in the province or city.

(d) In all cases, written notice of the sale shall be given to the judgment obligor, at least three (3) days before the sale x x x x

The notice shall specify the place, date and exact time of the sale which should not be earlier than nine o’clock in the morning and not later than two o’clock in the afternoon. The place of the sale may be agreed upon by the parties. In the absence of such agreement, the sale of real property x x x shall be held in the office of the clerk of court of the Regional Trial Court or the Municipal Trial Court which issued the writ or which was designated by the appellate court. x x x x

The Court found that the posting of notices, while initially done, was rendered insufficient due to the change of venue. The notice posted indicated that the sale would occur in Santiago City, however, the venue was temporarily moved to Marilao, Bulacan, then back to Santiago City. This created confusion, as prospective bidders were misled. The Court cited Cristobal v. Court of Appeals, 328 SCRA 256 (2000), emphasizing that requirements of posting and publication must be strictly followed.

Moreover, the Villacerans were not properly notified of the final change of venue. The attempt to notify them through their counsel, Atty. Edmar C. Cabucana, was deemed insufficient, as the law requires written notice to the judgment obligor. Even if the notice to the counsel were considered valid, it did not meet the three-day advance notice requirement. The Court reiterated that sheriffs must perform their duties diligently, as a failure to do so erodes public confidence in the judicial system, citing Caja v. Nanquil, A.M. No. P-04-1885, September 13, 2004.

The Court also criticized Sheriff Beltejar for changing the venue of the auction sale at the sole request of Jaime E. Co, without the agreement of the Villacerans. This violated Section 15, Rule 39, which stipulates that the venue should be the office of the clerk of court, unless otherwise agreed upon by the parties. The Court emphasized that all those in the Judiciary must avoid situations that cast suspicion on their conduct, referencing Nicolas v. Ricafort, 410 SCRA 25 (2003). A sheriff must not appear to act as an agent of a party, but as an officer of the court.

While the Investigator and OCA labeled the offense as simple misconduct, the Supreme Court disagreed, defining misconduct as unlawful behavior by a public officer, willful in character, as defined in Guillen v. Constantino, 282 SCRA 583 (1997). The Court found no evidence of premeditation or intentional wrongdoing, but Sheriff Beltejar’s professed ignorance of the rules did not absolve him. Sheriffs are expected to know the rules related to writs of execution. Therefore, the Court found him liable for simple neglect of duty. Neglect of duty is the failure to give proper attention to a task due to carelessness or indifference, as defined in Villanueva-Fabella v. Lee, 419 SCRA 440 (2004). Given his experience as a sheriff since 1997, Beltejar should have been familiar with these procedures. This neglect warranted a penalty of suspension.

FAQs

What was the main issue in this case?	The main issue was whether Sheriff Beltejar committed irregularities in the conduct of an execution sale, specifically regarding notice to the judgment obligors and the venue of the sale.
What is an execution sale?	An execution sale is a public auction where a judgment debtor’s property is sold to satisfy a court judgment. It follows specific rules and procedures to ensure fairness.
What are the notice requirements for an execution sale of real property?	The Rules of Court require posting a notice of sale in three public places for 20 days, publishing it in a newspaper if the property exceeds P50,000, and giving written notice to the judgment obligor at least three days before the sale.
Where should an execution sale of real property be held?	Unless otherwise agreed upon by the parties, the sale should be held at the office of the clerk of court of the Regional Trial Court or Municipal Trial Court that issued the writ.
What is simple neglect of duty?	Simple neglect of duty is the failure to give proper attention to a task expected of an employee, resulting from either carelessness or indifference.
Why was the sheriff not found guilty of dishonesty or oppression?	There was no evidence that the sheriff acted with premeditation, malice, or a corrupt motive, which are necessary elements for dishonesty or oppression.
What was the penalty imposed on the sheriff in this case?	The sheriff was found guilty of simple neglect of duty and was suspended for one month, with a warning that future offenses would be dealt with more severely.
What is the significance of strictly following the rules of execution sales?	Strict compliance ensures fairness, protects the rights of all parties, and maintains public confidence in the judicial system.

This case highlights the critical importance of strict adherence to procedural rules by sheriffs in the conduct of execution sales. The Supreme Court’s decision serves as a reminder that even in the absence of malicious intent, failure to comply with established procedures can result in administrative liability. Moving forward, sheriffs must ensure they are fully aware of and compliant with the requirements of Rule 39 of the Rules of Court to avoid similar penalties and uphold 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: JOSE AND MILAGROS VILLACERAN vs. WILMER M. BELTEJAR, A.M. NO. P-05-1934, April 11, 2005