CASE 2019-0020: MARILYN MEIM M. VDA. DE ATIENZA, COMPLAINANT, – VERSUS – PALERMO I. AGUILAR, SHERIFF IV, OFFICE OF THE CLERK OF COURT, REGIONAL TRIALCOURT, SAN JOSE,OCCIDENTAL MINDORO (A.M. NO. P-19-3988, 24 AUGUST 2019, PERALTA, J.) (SUBJECT/S: DUTIES OF SHERIFF) (BRIEF TITLE: ATIENZA VS AGUILAR)
DISPOSITIVE:
“WHEREFORE, respondent Palermo I. Aguilar, Sheriff IV of theOffice of the Clerk of Court, Regional Trial Court, San Jose, OccidentalMindoro, is found GUILTY of simple neglect of duty. In lieu of suspension, he is FINED in the amount equivalent to his salary for one ( 1) month, and STERNLY WARNED that a repetition of the same or any similar act shallbe dealt with more severely.
Let a copy of this Decision be attached to the personal records of respondent Aguilar in the Office of the Administrative Services, Office of the Court Administrator.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
DOES SHERIFF HAVE DISCRETION ON HOW TO PERFORM HIS DUTIES?
NO. HIS COMPLIANCE WITH THE RULES IS NOT MERELY DIRECTORY BUT MANDATORY.
It must be emphasized anew that the above-quoted provisions leave no room for any exercise of discretion on the part of the sheriff on how to perform his or her duties in implementing the writ. A sheriffs compliance with the Rules is not merely directory but mandatory.20 It is well settled that a sheriffs functions are purely ministerial, not discretionary.21 Once a writ is placed in his hand, it becomes his duty to proceed with reasonable speed to enforce the writ to the letter, ensuring at all times that the implementation of the judgment is not unjustifiably deferred, unless the execution of which is restrained by the court. 22 Additionally, even if the writs are unsatisfied or only partially satisfied, sheriffs must still file the reports so that the court, as well as the litigants, may be informed of the proceedings undertaken to implement the writ. Periodic reporting also provides the court insights on the efficiency of court processes after promulgation of judgment. Over all, the purpose of periodic reporting is to ensure the speedy execution of decisions. 23
Thus, from the foregoing, it is then apparent that Aguilar violated the provisions of the Rules of Court prescribing the duties of sheriffs in the implementation of court writs and processes. He failed to observe the procedure in order to ensure the proper administration of justice, and rules which he is presumed to know by heart. The long intervals of time from the service of the writ on the accused cannot be said to be a full and prompt discharge of his responsibility for the speedy and efficient execution of the court’s judgment. It must be stressed that a judgment, if not executed, would be an empty victory on the part of the prevailing party. It is said that execution is the fruit and the end of the suit and is very aptly called the life of the law. 24 It is also indisputable that the most difficult phase of any proceeding is the execution of judgment. Hence, the officers charged with this delicate task must, in the absence of a restraining order, act with considerable dispatch so as not to unduly delay the administration of justice; otherwise, the decisions, orders, or other processes of the courts of justice would be futile. 25
WHY DO SHERIFFS PLAY AN IMPORTANT ROLE IN IMPLEMENTING THE WRIT OF EXECUTION?
BECAUSE IF THE DECISIONS ARE NOT ENFORCED, JUDGEMENTS ARE EMPTY VICTORIES.
Sheriffs, being agents of the court, play an important role, particularly in the matter of implementing the writ of execution. Indeed, [sheriffs] “are tasked to execute final judgments of courts. If not enforced, such decisions are empty victories of the prevailing parties. They must, therefore, comply with their mandated ministerial duty to implement writs promptly and expeditiously. As agents of the law, sheriffs are called upon to discharge their duties with due care and utmost diligence because in serving the court’ writs and processes and implementing its order, they cannot afford to err without affecting the integrity of their office and the efficient administration of justice.”26
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