Tuesday, July 8, 2014

Sheriff; execution of judgment. - RTJ-13-2356.pdf

See  -  RTJ-13-2356.pdf


"x x x.

With the implementation of the writ of execution being her purely ministerial duty, Sheriff Jintalan must perform her duty strictly to the letter. She thus knew that the levied personal properties of Hernandez must be kept safely in and under her direct custody, not in and under the custody of any of the parties.12 Her bringing of such personal properties to the warehouse of  Vicente Bonaobra despite being aware that the latter was the plaintiff’s  brother and her attorney-in- fact for purposes of the case signified that she  let herself serve as the “special deputy” of the winning litigant.13 Therein lay the irregularity. Verily, she did not live up to the standards prescribed by her office. Her conduct as a court personnel must be beyond reproach and free  from any suspicion that could taint the Judiciary. She should avoid any impression of impropriety, misdeed or negligence in the performance of official duties.14

x x x."