329 Phil. 325
VITUG, J.:
"WHEREFORE, decision is hereby rendered in favor of the plaintiffs against the defendants:Several writs of execution were later issued to enforce the decision but, purportedly due to the fault of respondent Sheriff, the writs were not properly implemented.
"a. Ordering the defendants to vacate lot No. 3141-C covered by Transfer Certificate of Title No. 207927, Tarlac Registry, and the residential house standing thereon more specifically at the southeastern portion;
"b. Ordering the defendants to pay to plaintiffs the sum of P3,000.00 as attorney’s fees, and to pay the cost."[1]
Executive Judge Ruiz, after investigation, concluded:In its memorandum addressed to the Chief Justice, dated 15 May 1996, the Office of the Court Administrator, to which office the report of Judge Ruiz was later indorsed, concurred with the investigating Judge.
"WHEREFORE, considering the respondent’s failure to immediately and effectively enforce the writs of execution and to submit on time his return and of file any return in two (2) instances, it is respectfully recommended that he be suspended from the service for two (2) months without pay."[2]
"SEC. 11. Return of writ of execution. - The writ of execution may be made returnable, to the clerk or judge of the court issuing it, at any time not less than ten (10) nor more than sixty (60) days after its receipt by the officer who must set forth in writing on its back the whole of his proceedings by virtue thereof, and file it with the clerk or judge to be preserved with the other papers in the case. A certified copy of the record, in the execution book kept by the clerk, of an execution by virtue of which real property has been sold, or of the officer’s return thereon, shall be evidenced of the contents of the originals whenever they, or any part thereof, have been lost or destroyed."The period prescribed in the above rule is mandatory.[3] Section E(4), Chapter VIII, of the Manual for Clerks of Court, similarly states:
"4. All sheriffs and deputy sheriffs shall submit a report to the Judge concerned on the action taken on all writs and processes assigned to them within ten (10) days from receipt of said process or writ. Said report shall form part of the records of the case."The procrastination displayed by respondent Sheriff resulting in the long delay in the execution of the court judgment is truly deplorable. Even worse, respondent failed to file the returns for the alias writs of execution of 15 February 1993 and 25 August 1993. His argument of having been touched by the pleas of defendants (for time to look for another place to transfer) is unacceptable; surely, one’s act of benevolence is not made at somebody else’s expense. In Zamora vs. Jumamoy,[4] we have said:
"x x x. It may be that the respondents were moved by compassion and sympathy, but such personal feelings must never be allowed to compromise the public-trust character of their office which binds them to a continuing accountability to the people. The respondents should not have forgotten the rule that the conduct and behavior of every one connected with an office charged with the dispensation of justice, from the presiding judge to the lowliest clerk, should be circumscribed with the heavy burden of responsibility."[5]Finally, respondent Sheriff, in apparent desperation, would attempt to excuse his inaction by claiming that he was threatened. If, indeed, the threats were real and serious, he could have taken appropriate steps to remedy the situation.[7]
The Manual for the Clerks of Court further mandates:
"2. x x x " When a writ is placed in the hands of a sheriff, it is his duty, in the absence of instructions, to proceed with reasonable celerity and promptness to execute it in accordance with its mandates, x x x. He has no discretion whether to execute it or not."[6]