Sheriffs Must Not Unfairly Charge Fees to the Prevailing Party

A.M. No. P-87-100, February 12, 1997

Imagine winning a court case, only to find that the sheriff executing the judgment is demanding excessive fees from your award. This scenario highlights the importance of ethical conduct and proper fee assessment by sheriffs in the Philippines. The case of Felisa Elic Vda. de Abellera vs. Nemesio N. Dalisay sheds light on the responsibilities of sheriffs, particularly regarding sheriff’s fees, and the consequences of dishonesty and abuse of authority.

In this case, a deputy sheriff was found guilty of dishonesty for charging excessive fees to the winning party. This article explores the legal framework governing sheriff’s fees, the details of the case, and the lessons learned from this incident.

Understanding Sheriff’s Fees in the Philippines

Sheriff’s fees are the amounts charged for the services rendered by sheriffs in executing court orders and processes. These fees are governed by the Rules of Court and are intended to compensate sheriffs for their time, effort, and expenses incurred in the performance of their duties. Understanding these fees is crucial for both litigants and sheriffs to ensure transparency and fairness.

Section 10(g), Rule 142 of the Revised Rules of Court states that lawful fees paid by the prevailing party in entering and docketing the action and for the service of any process are included as costs. Generally, costs are allowed to the prevailing party, unless by order of the court, it is assessed against either party or divided among them (Section 1, Rule 142, Revised Rules of Court).

Example: If a plaintiff wins a case and the court orders the defendant to pay the costs of the suit, the sheriff’s fees are typically included in those costs. The sheriff cannot unilaterally demand a percentage of the judgment award from the winning party without a court order.

Section 9(1), Rule 141 details the sheriff’s fee for money collected by order, execution, attachment or any other judicial or extrajudicial process, an amount from four (4%) per centum on the first P4,000.00 and two (2%) per centum in excess of P4,000.00.

Example: If a sheriff collects P10,000.00 via execution, the sheriff’s fee would be computed as follows: 4% of P4,000.00 (P160.00) plus 2% of P6,000.00 (P120.00), totaling P280.00.

Case Breakdown: Abellera vs. Dalisay

The case of Felisa Elic Vda. de Abellera vs. Nemesio N. Dalisay revolves around the actions of Deputy Sheriff Nemesio Dalisay in executing a judgment in favor of Felisa Abellera. Here’s a breakdown of the key events:

• The Judgment: Felisa Abellera won a case against Republic Planters Bank (RPB) and was awarded P317,387.40.
• The Execution: Abellera accompanied Deputy Sheriff Dalisay to collect the award from RPB.
• The Fees: Dalisay allegedly convinced Abellera that P30,000.00 was for his sheriff’s fees, representing 10% of the award, and that this was agreed to by her counsel. He also allegedly received another P30,000.00 from RPB.
• The Complaint: Abellera, upon discovering that her lawyer had not agreed to the fee and suspecting irregularities, filed a complaint against Dalisay for dishonesty.

The Court emphasized the importance of integrity in the sheriff’s office, quoting Punzalan-Santos vs. Arquiza, 244 SCRA 527, 535 [1995]: “At the grassroots of our judicial machinery, sheriffs and deputy sheriffs are indispensably in close contact with the litigants, hence, their conduct should be geared towards maintaining the prestige and integrity of the court…”

In its decision, the Supreme Court highlighted the irregularity of Dalisay’s actions, stating that “it was highly irregular for respondent to deduct his fees from the award in the absence of any court order to that effect.”

The Court also noted the excessive nature of the fees demanded, pointing out that the 10% fee was far beyond what the Rules of Court allowed. The Court stated that even granting that the fees were assessable against complainant, the amount demanded was clearly excessive.

Practical Implications and Key Lessons

This case serves as a crucial reminder for both sheriffs and litigants regarding the proper handling of sheriff’s fees. Here are the key lessons:

• Court Order Required: Sheriffs cannot deduct fees from a judgment award without a specific court order.
• Fee Schedule: Sheriff’s fees are regulated by the Rules of Court, and any amount demanded beyond these limits is considered excessive.
• Ethical Conduct: Sheriffs must maintain the highest standards of integrity and transparency in their dealings with the public.

Practical Advice: Litigants should always verify the legitimacy of any fees demanded by a sheriff and seek legal advice if they suspect any irregularities. Sheriffs, on the other hand, must adhere strictly to the Rules of Court and avoid any actions that could be perceived as dishonest or unethical.

Frequently Asked Questions

Q: What are sheriff’s fees?

A: Sheriff’s fees are the amounts charged for the services rendered by sheriffs in executing court orders and processes, such as serving summons, implementing writs of execution, and conducting auctions.

Q: How are sheriff’s fees determined?

A: Sheriff’s fees are determined by the Rules of Court, specifically Rule 141, which provides a schedule of fees for various services.

Q: Can a sheriff demand fees from the winning party?

A: Generally, the winning party is entitled to recover costs, including sheriff’s fees, from the losing party. A sheriff cannot unilaterally demand fees from the winning party without a court order.

Q: What should I do if I believe a sheriff is charging excessive fees?

A: If you suspect that a sheriff is charging excessive fees, you should seek legal advice immediately. You can also file a complaint with the Office of the Court Administrator.

Q: What are the consequences for a sheriff who demands excessive fees?

A: A sheriff who demands excessive fees may face administrative charges, including suspension or dismissal from service. They may also be held liable for civil damages.

Q: Are sheriff’s fees negotiable?

A: No, sheriff’s fees are not negotiable. They are fixed by the Rules of Court.

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