Sheriffs Must Maintain Sole Custody of Attached Property: Depositing with Plaintiff is Misconduct

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When a court orders property attached, it’s the sheriff’s responsibility to take and safely keep that property. This case underscores that sheriffs cannot simply deposit attached items with the party who initiated the attachment. Doing so is a breach of duty and can lead to disciplinary action. Sheriffs must ensure the property remains in their exclusive custody to maintain impartiality and prevent any appearance of impropriety in the legal process.

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G.R. No. A.M. No. P-00-1432, October 19, 2000

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INTRODUCTION

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Imagine your business is facing a lawsuit, and suddenly, a sheriff arrives to seize your company assets based on a writ of preliminary attachment. You expect these assets to be secured and properly managed by an impartial officer of the court. But what if, instead of safeguarding your property, the sheriff decides to store it in the warehouse of the very party suing you? This scenario, far from hypothetical, highlights the critical importance of a sheriff’s duty to maintain proper custody of attached property, a principle firmly reinforced by the Supreme Court in Sarmiento v. Victoria. This case delves into the misconduct of a sheriff who failed to uphold this duty, providing valuable lessons on the correct procedures for property attachment in the Philippines.

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In this case, Jose C. Sarmiento was the defendant in a civil suit for a sum of money. The court granted the plaintiff’s request for a writ of preliminary attachment, leading Sheriff Romulo C. Victoria to levy on Sarmiento’s properties. The central issue arose when Sheriff Victoria, instead of keeping the attached personal properties in his own custody or a neutral location, deposited them in the plaintiff’s warehouse. This act triggered a complaint against Sheriff Victoria for Grave Abuse of Authority and Gross Misconduct, ultimately reaching the Supreme Court.

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LEGAL CONTEXT: RULE 57 AND SHERIFF’S DUTIES IN PROPERTY ATTACHMENT

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The legal framework governing property attachment in the Philippines is primarily found in Rule 57 of the 1997 Rules of Civil Procedure. This rule outlines the procedures for preliminary attachment, a provisional remedy that allows a plaintiff to seize a defendant’s property as security for the satisfaction of a potential judgment. Section 7 of Rule 57 is particularly relevant to this case, as it details how a sheriff should attach real and personal property.

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Specifically, Section 7(b) states:

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‘(b) Personal property capable of manual delivery, by taking and safely keeping it in his custody, after issuing the correspondent receipt therefor.’

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This provision unequivocally mandates that for personal property capable of manual delivery, the sheriff must take possession and maintain custody. The phrase