In Judge Godofredo B. Abul, Jr. v. George E. Viajar, the Supreme Court underscored the critical role of sheriffs in upholding the integrity of judicial processes. The Court found Sheriff Viajar guilty of grave misconduct and serious dishonesty for failing to adhere to procedural rules in executing a writ, including improper handling of funds, failure to provide proper notice, and exceeding his authority. This case reinforces the principle that sheriffs must act with utmost diligence and fidelity to the law, ensuring fairness and transparency in their actions. The decision serves as a reminder of the high standards expected of those entrusted with enforcing court orders and the serious consequences for those who fall short.

When a Sheriff Strays: Examining the Boundaries of Executory Power

This case originated from an administrative complaint filed by Judge Godofredo B. Abul, Jr. against Sheriff George E. Viajar, alleging dishonesty, grave abuse of authority, usurpation of judicial authority, and malfeasance and graft and corruption. The complaint stemmed from Viajar’s handling of a writ of execution in Civil Case No. 3985. The central issue revolves around whether Sheriff Viajar exceeded his authority and violated established procedures in the execution of the writ, thereby compromising the integrity of the judicial process. The allegations include irregularities in the handling of funds, failure to provide proper notice to the judgment debtor, and making unauthorized determinations regarding the judgment debtor’s corporate identity.

The complainant, Judge Abul, argued that Viajar withheld the writ, filed a delayed return of service, and improperly handled funds received from the judgment creditor. He also alleged that Viajar submitted inflated sheriff’s fees with fabricated charges. According to the complainant, Viajar failed to demand payment directly from the judgment debtor, unilaterally determined that Fast Cargo Transport Corporation was the same as Fast Cargo Logistics Corporation, and mailed the writ of execution instead of serving it personally. These actions, the complainant contended, deprived the judgment debtor of their right to participate in the execution process.

In his defense, Viajar denied deliberately withholding the return of the writ and claimed he proceeded with the auction sale due to the judgment debtor’s failure to settle the obligation. He argued that Terence Saavedra, representing Fast Cargo Logistics Corporation, sought to redeem the property, and he received payment accordingly. Viajar further contended that the estimated expenses were approved by the complainant and that he did not personally benefit from the funds. However, the Executive Judge’s investigation revealed several violations committed by Viajar.

The Executive Judge found that Viajar failed to personally serve the writ in Cebu City, mailed the notice of levy, and did not provide the judgment debtor an option to choose which properties to levy upon. He also delayed the return of the writ, failed to prove proper publication of the Notice of Sale, and improperly delivered the bid amount instead of turning it over to the Clerk of Court. The investigating judge also noted that Viajar charged exorbitant sheriff’s expenses and failed to provide receipts for several amounts. These findings led the Executive Judge to recommend sanctions against Viajar.

The Office of the Court Administrator (OCA) supported the investigating judge’s findings, emphasizing that Viajar should have personally demanded payment from the judgment debtor and inquired about the corporate identity. The OCA also highlighted Viajar’s failure to provide the judgment debtor the option to choose properties for levy and his lack of periodic reports on the writ’s implementation. The OCA concluded that Viajar was guilty of grave misconduct and dishonesty, recommending a penalty of suspension from office without pay for six months. Considering Viajar’s retirement, the OCA suggested deducting the equivalent amount from his retirement benefits. The Supreme Court adopted the OCA’s findings but increased the recommended penalty.

The Supreme Court emphasized the importance of sheriffs in the administration of justice, stating that they must discharge their duties with due care and utmost diligence. Citing Vda. de Feliciano v. Rivera, the Court reiterated that sheriffs, as agents of the law, must serve the court’s writs and processes and implement its orders without error, as any mistake affects the integrity of their office and the efficient administration of justice. The Court found that Viajar had been remiss in his responsibilities, violating basic rules and failing to perform his ministerial duties.

The Court highlighted Viajar’s failure to make periodic reports on the writ, as required by Section 14, Rule 39 of the Revised Rules of Court. This section mandates that the writ of execution be returned to the court immediately after the judgment is satisfied. If the judgment cannot be fully satisfied within 30 days, the officer must report to the court and provide reasons. Furthermore, the officer must make a report every 30 days on the proceedings until the judgment is fully satisfied or the writ’s effectivity expires. The Court rejected Viajar’s explanation for his failure to report, emphasizing that the rule requires periodic reports even when the judgment has not been fully satisfied.

The Supreme Court also noted that Viajar failed to personally demand payment from the judgment debtor and to accord them the option to choose which properties to levy upon. Section 9(b) of Rule 39 specifies that if the judgment obligor cannot pay in cash or other acceptable modes, the officer shall levy upon properties, giving the obligor the option to choose which property may be levied upon. Viajar’s failure to follow this procedure constituted a violation of the judgment debtor’s rights.

Building on this, the Court emphasized that a sheriff’s duty to execute a judgment is ministerial and that they should not look beyond the plain meaning of the writ of execution. If faced with ambiguity, the sheriff should seek clarification from the judge, as stated in Sps. Stilgrove v. Sabas. Viajar’s decision to unilaterally determine that Fast Cargo Transport Corporation and Fast Cargo Logistics Corporation were the same, instead of seeking clarification from the judge, was deemed improper.

Regarding the publication of the sale, the Court agreed with the OCA that Viajar failed to demonstrate that The People’s Guardian was selected by raffle, as required by Section 15(c), Rule 39 of the 1997 Rules of Civil Procedure. Viajar also failed to present a copy of the newspaper clipping or an affidavit of publication. Additionally, the official receipt presented was dated after the supposed publication dates, further undermining his claim of proper publication.

Viajar also admitted to including lawyer’s expenses in the amount requested by the judgment creditor, even though it was not part of the original decision. The Court found that this action exceeded the terms of the writ of execution, despite Viajar’s awareness that the claim was invalid. Furthermore, Viajar admitted that some of the included sheriff’s expenses lacked receipts, making them unjustified.

In conclusion, the Supreme Court found Viajar guilty of grave misconduct and serious dishonesty, offenses punishable by dismissal from service, according to Section 46, Rule 10 of the Uniform Rules on Administrative Cases in the Civil Service. Although the OCA recommended a six-month suspension based on mitigating circumstances, the Court increased the penalty to a one-year suspension without pay. Given Viajar’s retirement, the Court directed the deduction of an amount equivalent to one year’s salary from his retirement benefits.

FAQs

What was the key issue in this case?	The central issue was whether Sheriff Viajar exceeded his authority and violated established procedures in executing a writ, thereby compromising the integrity of the judicial process. The allegations included irregularities in the handling of funds, failure to provide proper notice, and unauthorized determinations regarding the judgment debtor’s corporate identity.
What specific violations did the sheriff commit?	The sheriff was found to have failed to make periodic reports on the writ, failed to personally demand payment from the judgment debtor, failed to provide the judgment debtor the option to choose which properties to levy upon, and improperly determined the judgment debtor’s corporate identity. He also had irregularities in the publication of the sale and inflated sheriff’s expenses.
What rule did the sheriff violate regarding reports?	The sheriff violated Section 14, Rule 39 of the Revised Rules of Court, which requires the officer to make a report to the court every 30 days on the proceedings taken on the writ until the judgment is satisfied in full, or when the effectivity of the writ expires.
What is a sheriff’s duty when faced with an ambiguous execution order?	When faced with an ambiguous execution order, a sheriff should seek clarification from the judge. They should not make independent determinations or interpretations that go beyond the plain meaning of the writ.
What was the penalty imposed on the sheriff?	The Supreme Court found the sheriff guilty of grave misconduct and serious dishonesty and imposed a penalty of suspension from office without pay for one year. Since the sheriff had already retired, the Court directed the deduction of an amount equivalent to one year’s salary from his retirement benefits.
What mitigating circumstances were considered?	The mitigating circumstances considered were that this was the sheriff’s first offense, he had been in service for 15 years, and humanitarian reasons. However, the Supreme Court still increased the penalty.
What is the significance of this case?	This case highlights the importance of sheriffs in upholding the integrity of the judicial process and the high standards expected of them. It underscores the need for sheriffs to act with utmost diligence, fidelity to the law, and to ensure fairness and transparency in their actions.
What does the Supreme Court say about the role of sheriffs?	The Supreme Court emphasized that sheriffs play an important role in the administration of justice. As agents of the law, they are called upon to discharge their duties with due care and utmost diligence, serving the court’s writs and processes and implementing its orders without error.

This case serves as a crucial reminder to all law enforcement officers, especially sheriffs, about the importance of adhering to procedural rules and maintaining the highest standards of integrity. The consequences of failing to do so can be severe, affecting not only the individuals involved but also the public’s trust in the judicial system.

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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: JUDGE GODOFREDO B. ABUL, JR. VS. GEORGE E. VIAJAR, A.M. No. P-11-2940, January 21, 2015