CELESTINO A. GARCERA II v. OTHELLO A. PARRONE
463 SCRA 440 (2005)
It is a ministerial duty on the part of a sheriff to implement a valid writ.
Celestino Garcera II’s (Garcera II) and Salvacion Garcera (Salvacion) filed a complaint for unlawful detainer against Ramon Muñoz (Muñoz) at Municipal Trial Court in Cities (MTCC), Naga City. MTCC rendered decision in favor of Salvacion, ordering Muñoz to vacate the premises.
Muñoz appealed before the Regional Trial Court but it was dismissed. Subsequently, the decision of MTCC became final and executory. Since there were improvements on the property subject of unlawful detainer, Salvacion filed a Writ of Demolition and it was issued accordingly.
Respondent Othello Parrone (Parrone), MTCC Sheriff III, failed to serve the writ of demolition. For unduly delaying the service of a writ of demolition, Garcera II filed a complaint against Parrone before the Office of the Court Administrator. Parrone contends that he has been religious in the performance of assigned task as deputy sheriff; that the Writ of Demolition has been fully satisfied as evidenced by a Sheriff’s Return dated April 16, 2004; and if ever there was a little delay in the implementation of the writ, it was because he acceded, for humanitarian reasons.
ISSUE:
Whether or not Parrone is guilty of Dereliction of Duty
HELD:
Section 14 of Rule 39 of the Rules of Court directs an officer who is tasked to implement a writ of execution 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.
A sheriff’s duty to execute a valid writ is purely ministerial, not discretionary. The duty of a sheriff to execute a writ being ministerial, he has no discretion to delay the execution thereof. Absent any instructions by a court to the contrary, he is mandated to proceed with reasonable celerity and promptness with the strict implementation of the writ. If for any reason he cannot implement the writ in part or in full, his duty is outlined in the above-quoted provision of Section 14 of Rule 39.
The nature of the duty of court personnel including sheriffs to perform their assigned tasks promptly and with great care and diligence highlights the importance of their role in the administration of justice.
