In Vicsal Development Corporation v. Atty. Jennifer H. Dela Cruz-Buendia, the Supreme Court addressed the administrative liabilities of sheriffs in executing court orders. The Court found that while sheriffs must act diligently in enforcing writs of execution, failure to strictly adhere to procedural requirements, specifically regarding the timely submission of Sheriff’s Returns, constitutes simple neglect of duty. This ruling underscores the importance of procedural compliance by court personnel in the execution of judgments, ensuring accountability and safeguarding the rights of all parties involved. This case clarifies the extent of sheriffs’ responsibilities and the consequences of deviating from established protocols.

Delayed Returns: When Sheriffs’ Procedure Impacts Justice

The case arose from a decision by the Construction Industry Arbitration Commission (CIAC) in favor of Dell Equipment & Construction Corp. (DECC) against Vicsal Development Corporation. A writ of execution was issued, directing the sheriffs to collect P17,101,606.23 from Vicsal. Vicsal contested the execution, but the sheriffs garnished P58,966,013.70 from its bank deposits. While the judgment was eventually satisfied, Vicsal filed an administrative complaint, alleging grave abuse of discretion and violation of the Code of Conduct for Court Personnel, particularly regarding the sheriffs’ failure to comply with the Rules of Court in implementing the writ.

The complainant argued that the sheriffs failed to follow the procedure outlined in Section 9, Rule 39 of the Rules of Court. Furthermore, it was asserted that the sheriffs violated Section 14, Rule 39 by omitting the levy on real properties from the Sheriff’s Return, failing to file the return within the prescribed period, and not serving copies of the return to the parties. The complainant also contended that the sheriffs failed to implement the writ of execution according to its terms, violating Section 6, Canon IV of the Code of Conduct for Court Personnel. This case underscores the critical role of sheriffs in the judicial system and the importance of adhering to established procedures.

The Investigating Judge recommended the dismissal of the case against Atty. Buendia, the Clerk of Court, finding no evidence of abuse of authority or neglect in supervising the sheriffs. However, the Investigating Judge found the respondent sheriffs guilty of simple neglect of duty for violating Section 14, Rule 39 of the Rules of Court. The evidence indicated that the sheriffs failed to file the Sheriff’s Return within the prescribed period and did not furnish copies to the parties. The Supreme Court affirmed the findings of the Investigating Judge, except for the recommended penalty, emphasizing the high standard of professionalism expected from court personnel.

The Supreme Court emphasized the crucial role of sheriffs in the administration of justice, stating that they must discharge their duties with great care and diligence, as they are ranking officers of the court and agents of the law. The Court quoted Cruz v. Villar, stating:

“[S]heriffs and deputy sheriffs, being ranking officers of the court and agents of the law, must discharge their duties with great care and diligence. In serving and implementing court writs, as well as processes and orders of the court, they cannot afford to err without affecting adversely the proper dispensation of justice.”

The Court then reiterated the procedure for enforcing a money judgment as outlined in Section 9, Rule 39 of the Rules of Court, which details the steps a sheriff must take, including demanding payment, levying properties, and garnishing debts. These steps ensure the proper execution of judgments while providing safeguards for the judgment obligor.

The Court further elaborated on Section 14, Rule 39, emphasizing the duty of a sheriff to submit a Sheriff’s Return:

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 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 set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the parties.

These provisions underscore the ministerial nature of the sheriff’s functions, meaning they have no discretion on how to implement a writ and must adhere strictly to the prescribed procedure. Deviation from this procedure can result in liability.

Regarding the allegation of grave abuse of authority, the Court agreed with the Investigating Judge that there was insufficient evidence to prove that Atty. Buendia and the sheriffs exceeded their authority in garnishing Vicsal’s bank deposits. The Court noted that Atty. Buendia reminded the sheriffs to implement the execution according to the writ’s terms and the procedure under Section 9, Rule 39 of the Rules of Court.

Furthermore, the Court referenced Rafael v. Sualog, defining grave abuse of authority as “a misdemeanor committed by a public officer, who under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment or other injury”; it is an act characterized with “cruelty, severity, or excessive use of authority.” The circumstances in the case did not meet this definition. The Court also noted that Vicsal’s refusal to comply with the arbitral award justified the garnishment of bank deposits.

The Court also addressed the issue of whether the sheriffs should have given Vicsal time to raise cash before garnishing its bank deposits. Citing Torres v. Cabling, the Court held that a sheriff is not required to give the judgment debtor time to raise cash, as the purpose is to ensure that the available property is not lost. The Court found no evidence that the sheriffs acted in bad faith in garnishing Vicsal’s bank deposits, noting that bank secrecy laws prevent them from knowing the exact amount of the complainant’s bank deposits.

However, the Court found the respondent sheriffs guilty of simple neglect of duty for failing to make a return within the prescribed period and for failing to furnish the parties copies of the return, in violation of Section 14, Rule 39 of the Rules of Court. The Court rejected the sheriffs’ explanation that they delayed the return due to their dilemma regarding the levy on real properties by DECC’s counsels. As officers of the court, they should have known the proper action to take when questions arose.

The Court referenced Atty. Bansil v. De Leon, which stated that a lapse in following the prescribed procedure, such as failing to make a return, is equivalent to simple neglect of duty. Simple neglect of duty is defined as the “failure of an employee to give one’s attention to a task expected of him, and signifies a disregard of a duty resulting from carelessness or indifference.” The Court, therefore, found the sheriffs liable for simple neglect of duty and imposed a penalty of suspension for one (1) month and one (1) day, with a stern warning.

FAQs

What was the key issue in this case?	The key issue was whether the sheriffs were liable for grave abuse of authority or simple neglect of duty in implementing a writ of execution. The Supreme Court ultimately found them guilty of simple neglect of duty for failing to comply with the procedural requirements of the Rules of Court.
What is a Sheriff’s Return?	A Sheriff’s Return is a report that a sheriff must submit to the court after executing a writ of execution. It details the actions taken to enforce the judgment, including any properties levied or amounts collected, and must be filed within a specific timeframe.
What is the prescribed period for filing a Sheriff’s Return?	The writ of execution should be returned to the issuing court immediately after the judgment is satisfied in full or in part. If full satisfaction is not possible within 30 days of receipt, the officer must report to the court, stating the reasons, and continue to report every 30 days until the judgment is fully satisfied.
What is simple neglect of duty?	Simple neglect of duty is defined as the failure of an employee to give attention to a task expected of them, signifying a disregard of a duty resulting from carelessness or indifference. It is considered a less grave offense under the Uniform Rules on Administrative Cases in the Civil Service.
What is the consequence of simple neglect of duty for a sheriff?	Under the Uniform Rules on Administrative Cases in the Civil Service, simple neglect of duty can result in suspension without pay for one (1) month and one (1) day to six (6) months for the first offense. The actual penalty depends on the specific circumstances of the case.
Can a sheriff garnish bank deposits immediately upon serving a writ of execution?	Yes, a sheriff is not required to give the judgment debtor time to raise cash before garnishing bank deposits. The purpose is to ensure that available property is not lost, and the sheriff is expected to act diligently to enforce the writ.
What is grave abuse of authority?	Grave abuse of authority is a misdemeanor committed by a public officer who, under color of his office, wrongfully inflicts bodily harm, imprisonment, or other injury upon any person. It involves cruelty, severity, or excessive use of authority.
Who is responsible for the levy on real properties during execution?	While the sheriff is generally responsible for executing the writ, in this case, the levy on real properties was made by the judgment creditor’s counsels without the sheriffs’ knowledge or consent. The sheriffs took steps to rectify the situation by asking the CIAC to lift the levy.

In conclusion, the Supreme Court’s decision in Vicsal Development Corporation v. Atty. Jennifer H. Dela Cruz-Buendia serves as a reminder of the importance of procedural compliance for sheriffs in executing court orders. While sheriffs are expected to act diligently in enforcing writs of execution, they must also adhere strictly to the Rules of Court, particularly regarding the timely submission of Sheriff’s Returns. Failure to do so can result in administrative liability for simple neglect of duty, underscoring the need for accountability and professionalism in the administration of justice.

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: VICSAL DEVELOPMENT CORPORATION VS. ATTY. JENNIFER H. DELA CRUZ-BUENDIA, G.R. No. 55354, November 26, 2012