By the very nature of his duties, a sheriff performs a very sensitive function in the dispensation of justice. He is duty-bound to know the basic rules relative to the implementation of writs of execution, and should, at all times show a high degree of professionalism in the performance of his duties. The sheriff is the front-line representative of the justice system in this country, and if he loses the trust reposed in him, he inevitably diminishes, likewise, the faith of the people in the judiciary.[9]
Indeed, Administrative Circular No. 12 is explicit as to the rules to be followed in the implementation of writs. Paragraph 2 thereof states:
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2. All Clerks of Court of the Metropolitan Trial Court and Municipal Trial Courts in Cities, and/or their deputy sheriffs shall serve all court processes and execute all writs of their respective courts within their territorial jurisdiction;
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Paragraph 5 of the same circular is likewise clear and self-explanatory.
5. No sheriff or deputy sheriff shall execute a court writ outside his territorial jurisdiction without first notifying in writing, and seeking the assistance of, the sheriff of the place where the execution shall take place;
Guided by the above-mentioned Circular, it is clear that respondent's act of implementing the subject writs in San Fernando City, when his territorial jurisdiction is confined only to Angeles City, is a violation of the Circular and tantamount to abuse of authority. While respondent claimed that he personally informed the OCC of San Fernando City, he, however, failed to prove that he made written notice as required by Administrative Circular No. 12. A mere submission of the copies of the court processes to the OCC will not suffice as to the written notice requirement.
Precisely, Administrative Circular No. 12 was promulgated in order to streamline the service and execution of court writs and processes in courts and to better serve the public good and facilitate the administration of justice.[10] The requirement of notice is based on the rudiments of justice and fair play. It frowns upon arbitrariness and oppressive conduct in the execution of an otherwise legitimate act. It is an amplification of the provision that every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.[11] An immediate enforcement of a writ does not mean the abdication of the notification requirement.[12]
We have consistently stressed that officers of the court and all court personnel are exhorted to be vigilant in the execution of the law. Sheriffs, as agents of the law, are therefore called upon to discharge their duties with due care and utmost diligence. They cannot afford to err in serving court writs and processes and in implementing court orders lest they undermine the integrity of their office and the efficient administration of justice.[13]
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