In a significant ruling, the Supreme Court held that a sheriff’s failure to strictly adhere to the prescribed procedures in implementing a writ of execution constitutes gross neglect of duty and misconduct, warranting dismissal from service. This decision underscores the critical importance of following established protocols to ensure fairness and integrity in the execution of court orders, safeguarding the rights of all parties involved. The ruling serves as a stern reminder to court officers that deviations from established procedures will not be tolerated and will be met with severe consequences.

When Shortcuts Lead to Dismissal: A Sheriff’s Neglect of Duty

This case, Ma. Cecilia Fermina T. Roxas v. Allen Francisco S. Sicat, arose from a complaint filed against Sheriff Allen Francisco S. Sicat for gross inefficiency and misconduct in handling a civil case. The complainant, Ma. Cecilia Fermina T. Roxas, alleged that Sheriff Sicat failed to properly implement a writ of execution, leading to irregularities in the sale of a property. This administrative case highlights the importance of a sheriff’s adherence to procedural rules and the consequences of neglecting those duties.

The facts of the case reveal a series of procedural lapses. ROTA Creditline Finance Corporation, represented by Roxas, had filed a collection case against Arnold Cruz, Renato Nunag, and Miradora Mejia. A compromise agreement was reached with Mejia, stipulating installment payments. When Mejia defaulted, ROTA sought a writ of execution, which was granted. Sheriff Sicat was tasked with executing the judgment.

However, instead of following the prescribed procedures, Sheriff Sicat deviated from the established rules. He failed to submit an estimate of expenses to the court for approval, as required by Section 10, Rule 141 of the Rules of Court, which states:

With regard to sheriffs 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 travel, guards’ fees, warehousing and similar charges, the interested party shall pay said expenses in an amount estimated by the sheriff, subject to 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 rendering 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, the sheriffs expenses shall be taxed as cost against the judgment debtor.

Instead of adhering to this process, Sheriff Sicat directly received payments from ROTA to cover expenses. Furthermore, he did not submit a liquidation report to the Office of the Clerk of Court (OCC). This direct handling of funds is a clear violation of the established procedure, as highlighted in Francia v. Esguerra, which emphasizes that sheriffs are not authorized to receive direct payments from a winning party. The Supreme Court emphasized that:

We held in Bernabe v. Eguid that acceptance of any other amount is improper, even if it were to be applied for lawful purposes. Good faith on the part of the sheriff, or lack of it, in proceeding to properly execute its mandate would be of no moment, for he is chargeable with the knowledge that being the officer of the court tasked therefor, it behooves him to make due compliances. In the implementation of the writ of execution, only the payment of sheriff’s fees may be received by sheriffs. They are not allowed to receive any voluntary payments from parties in the course of the performance of their duties.

Building on this procedural misstep, Sheriff Sicat also failed to make a return on the writ of execution as mandated by Section 14, Rule 39 of the Rules of Court. This rule requires sheriffs to report to the court within 30 days of receiving the writ and every 30 days thereafter until the judgment is satisfied. The absence of these reports deprived the court and the parties of crucial information regarding the execution process.

Adding to these lapses, Sheriff Sicat levied on the property of Renato Nunag, who was not a party to the compromise agreement. The writ of execution was specifically addressed to Miradora Mejia, yet Sheriff Sicat proceeded against Nunag’s property. This action demonstrated a clear disregard for the scope and limitations of the writ. Moreover, the auction sale itself was marred by irregularities, including discrepancies in the dates and lack of proper notice to the judgment debtor.

The Investigating Judge also found discrepancies on the date and circumstances of the auction sale showing a simulated auction sale. Moreover, the discharge of levy on the subject property was without proper motion or court order. According to the Investigating Judge, respondent failed to follow the steps for the proper implementation of the writ of execution, since there was (1) no estimate of expenses; (2) no return on the writ of execution; hence, there was no copy of the sheriff’s report furnished to the defendants involved; (3) no liquidation of sums received; (4) no notice given to the judgment obligor on the sale of the property; and (5) no filing system of the publication and other documentation.

These failures collectively painted a picture of gross neglect of duty and inefficiency in the performance of official duties. The Supreme Court emphasized that sheriffs play a critical role in the administration of justice, tasked with executing final judgments. Their actions must be carried out with due care and utmost diligence to maintain the integrity of the judicial process.

The Supreme Court underscored the importance of adherence to established rules, stating, “The rules on sheriff’s expenses are clear-cut and do not provide procedural shortcuts. A sheriff cannot just unilaterally demand sums of money from a party-litigant without observing the proper procedural steps otherwise, it would amount to dishonesty and extortion. And any amount received in violation of Section 10, Rule 141 of the Rules of Court constitutes unauthorized fees.”

In its decision, the Supreme Court considered Sheriff Sicat’s prior administrative offense. In A.M. No. P-00-1423, he was found guilty of misconduct for implementing a writ not addressed to him and for non-observance of Section 10, Rule 39 of the Rules of Court. Given this prior offense and the gravity of the current violations, the Court found dismissal from service to be the appropriate penalty.

FAQs

What was the key issue in this case?	The key issue was whether Sheriff Sicat’s actions constituted gross neglect of duty, inefficiency, and misconduct, warranting disciplinary action. The Supreme Court examined his adherence to procedural rules in implementing a writ of execution.
What specific violations did the sheriff commit?	Sheriff Sicat failed to submit an estimate of expenses to the court, directly received payments from the plaintiff, did not submit a liquidation report, failed to make a return on the writ of execution, and levied on the property of a non-party to the agreement.
Why is it important for sheriffs to follow proper procedures?	Sheriffs play a critical role in the administration of justice. Strict adherence to procedures ensures fairness, transparency, and accountability in the execution of court orders, maintaining the integrity of the judicial process.
What rule mandates the procedure for sheriff’s expenses?	Section 10, Rule 141 of the Rules of Court provides a comprehensive procedure for estimating, approving, depositing, disbursing, and liquidating sheriff’s expenses. Sheriffs should strictly follow these rules.
What is the consequence of receiving direct payments?	Receiving direct payments from a party-litigant violates the established procedure and can lead to suspicion of impropriety. It also undermines the transparency and accountability of the sheriff’s office.
What are the reporting requirements for sheriffs?	Section 14, Rule 39 of the Rules of Court requires sheriffs to report to the court within 30 days of receiving the writ and every 30 days thereafter until the judgment is satisfied.
What was the penalty imposed on Sheriff Sicat?	The Supreme Court found Sheriff Sicat guilty of gross neglect of duty, inefficiency, and misconduct and ordered his dismissal from service with forfeiture of all retirement benefits, except accrued leave credits.
Can a sheriff levy on the property of someone not party to the case?	No, a sheriff can only levy on the property of a judgment debtor named in the writ of execution. Levying on the property of a non-party is a grave abuse of authority.

This case serves as a potent reminder of the high standards expected of court personnel, especially sheriffs. Their role in executing court orders demands strict adherence to procedural rules, ensuring fairness and maintaining public trust in the judicial system. Failure to meet these standards can result in severe consequences, including dismissal from service.

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: MA. CECILIA FERMINA T. ROXAS v. ALLEN FRANCISCO S. SICAT, A.M. No. P-17-3639, January 23, 2018