Sunday, September 2, 2012

Execution of judgments - sc.judiciary.gov.ph/jurisprudence/2012/august2012/P-12-3029.pdf

sc.judiciary.gov.ph/jurisprudence/2012/august2012/P-12-3029.pdf

"It is almost trite to say that execution is the fruit and end of the suit and is the life of law.  A judgment, if left unexecuted, would be nothing but an empty victory for the prevailing party.

 
Therefore, sheriffs ought to know that they have a sworn
responsibility to serve writs of execution with utmost dispatch.  When writs are placed in their hands, it is their ministerial duty to proceed with reasonable celerity and promptness to execute them in accordance with their
mandate.  Unless restrained by a court order, they should see to it that the execution of judgments is not unduly delayed.  Accordingly, they must comply with their mandated ministerial duty as speedily as possible.  As agents of the law, high standards are expected of sheriffs.

 
In  Añonuevo v. Rubio,  we stressed the reminder to all court
personnel to perform their assigned tasks promptly and with great care and diligence considering the important role they play in the administration of justice.  With respect to sheriffs, they are to implement writs of execution and similar processes mindful that litigations do not end merely with the
promulgation of judgments.  Being the final stage in the litigation process, execution of judgments ought to be carried out speedily and efficiently since judgments left unexecuted or indefinitely delayed are rendered inutile and the parties prejudiced thereby, condemnatory of the entire judicial system. This admonition is now enshrined as Canon IV, Section 1 of the Code of Conduct for Court Personnel that reads, “[c]ourt personnel shall at all times perform official duties properly and with diligence. x x x”  

x x x."