Case Digest: THE PROVINCIAL SHERIFF OF ILOCOS NORTE et al. v. BRUNO LORENZO and LORENZA DELA CRUZ LORENZO

THE PROVINCIAL SHERIFF OF ILOCOS NORTE et al. v. BRUNO LORENZO and LORENZA DELA CRUZ LORENZO

482 SCRA 660 (2005), THIRD DIVISION

The Workmen‘s Compensation Commission (WCC) affirmed the decision of the Hearing Officer of its Regional Office ordering Bruno Lorenzo and Lorenza Dela Cruz Lorenzo to pay the amount of P 4,230.00 to Natividad Vda. De Ravina, widow of the late Apolonio Ravina who died under the employ as mechanic of the Lorenzos. A petition for execution of the WCC decision was filed before the Court of First Instance (CFI) of Ilocos Norte against the Lorenzos. The RTC granted the petition for execution.

The Lorenzos then filed a complaint for annulment of Sheriff‘s sale of their properties before the CFI. It was only after twenty years that the case was decided by the now Regional Trial Court (RTC) of Ilocos Norte. The lower court ruled in favor of the Lorenzos on the basis of its observation that the execution of judgment was done in posthaste. Both parties appealed before the Court of Appeals (CA). The Ravinas faulted the trial court for holidng that the execution of the judgement was done posthaste and that there was no time for the sheriff to look into the goods or chattels of the judgment debtors. The CA dismissed the petition.

ISSUE:

Whether or not the Sheriff complied with the Rules on Execution of Judgments

HELD:

As reflected above, the Sheriff‘s testimony relied upon by petitioners is not straightforward. He is not certain on some matters relevant to the issue of regularity of the enforcement of the writ of execution including the conduct of the sale at public auction. This Court is not thus prompted to hold that he followed the mandate of the Rules, particularly Sec. 9(b) which provides how execution of judgments are enforced. One of the modes is Satisfaction by levy where if the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the judgment.

The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon.

When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.

Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment. The implementation of the writ of execution was thus flawed.