563 Phil. 474; 104 OG No. 45, 7524 (November 10, 2008)
PER CURIAM:
Contrary to the allegation of Mr. Sabino L. Aranda, Mr. Roderick O. Abaigar x x x and [Mr. Teodoro S. Alvarez] x x x have in fact implemented the Writ of Demolition x x x. Attached hereto are the pictures, taken after the demolition on June 25, 1999 and July 5, 1999, to prove that the houses erected on the property of Mr. Deogracias L. Aranda, Jr., have already been demolished on the said dates. As a matter of fact, Mr. Abaigar and [Mr. Alvarez] before proceeding to the demolition proper, tied a string of [sic] the monument from one end of the property to the other end to ensure that only the houses that are subject of the writ would be demolished. The vacant lot in the pictures is the same spot where demolished houses used to be erected. On the other hand, the houses that are shown in the pictures are no longer subject of the above[-]captioned case. The houses, being built on a creek, clearly, are not the [sic] part of the Aranda property. With regard to the P40,000.00 received by [Mr. Alvarez] admits [sic] such fact. The truth of the matter is that Mr. Deogracias Aranda, Jr. agreed to give Mr. Abaigar and [Mr. Alvarez] the said amount to be used for the expenses in the demolition of the houses. Said amount was used for the following expenses:In a Resolution[7] dated 3 April 2002, the Court directed Judge Joselito dj. Vibandor (Judge Vibandor), Executive Judge, Regional Trial Court, Las Pinas City to (1) obtain the comments of Alvarez and Abaigar, (2) conduct an investigation, and (3) submit his report and recommendation.
- food for the demolition team composing of 25 persons;
- transportation for the said demolition team[;] &
- fees for the people who assisted in the demolition.[6]
Sheriff Teodoro Alvarez and Sheriff Roderick Abaigar admitted that they received the amount of FORTY THOUSAND PESOS (P40,000.00) from complainant Sabino L. Aranda in installment. The first payment was received the day before the implementation of the Writ of Demolition because according to respondents some persons they hired were asking for an advance payment for their expenses.In his Report dated 2 June 2005, Judge Vibandor found that Alvarez and Abaigar were not liable for falsification of official document — they actually implemented the alias writ of demolition as stated in the sheriff’s report:
It is the statement of the respondents that the aforesaid amount was agreed upon by the parties for the demolition. The amount of [P]40,000.00 was arrived at by computing the fees to be paid for the demolition team. x x x
Respondents likewise admitted that the mentioned estimate was never reduced to writing. It was only written on scratch paper which are [sic] no longer in their possession. And considering that there was no written estimate of expenses, respondents found no need to seek court approval for such estimate. No liquidation was likewise made as to the expenses incurred by the sheriffs.
It is the position of respondent sheriffs that there was no need for the submission of an estimate for the court’s approval because it was their usual practice that once an agreement has been arrived at with the parties, they just talk verbally on the matter.
They are also not aware of Section [10] of Rule 141 of the Rules of Court.
In view of the admissions made by respondent sheriffs as can be gleaned from the Transcript of Stenographic Notes dated May 12, 2004, the undersigned firmly believes that a violation of Section [10] of Rule 141 of the Rules of Court was committed.[9]
The main issue which this investigation seeks to resolve is whether or not Respondents falsified the Sheriff’s Report by stating therein that the Writ of Demolition was implemented when in truth and in fact it was not.Judge Vibandor recommended that (1) Alvarez and Abaigar be suspended for one month for grave misconduct,[11] and (2) the charge of falsification of official document be dismissed.[12] In a Resolution[13] dated 20 September 2004, the Court resolved to docket the matter as a regular administrative case and referred the matter to the OCA for evaluation, report, and recommendation.
An extensive investigation of the case reveals that respondents, Sheriff Teodoro Alvarez and Sheriff Roderick Abaigar are not guilty of the crime of Falsification.
The testimony of Felisa Aranda proved to be the pivotal link that enabled the Court to unearth the truth with regard to the disputed Sheriff’s Report after clarificatory questions were propounded upon her.
x x x x
Based on the aforementioned testimony, it is clear that Sheriffs Alvarez and Abaigar were not guilty of the crime of Falsification being imputed against them.
It is worthy to stress that the Writ of Demolition was successfully implemented by both Sheriffs since 1999 until the present [sic] there are no more squatters occupying the property owned by the family of the late Sabino Aranda. Thus, the Report prepared by both Sheriffs was not fraudulent for its contents depicts [sic] the truth and did not leave any room for doubt due to the candid admission by the wife of herein complainant.[10]
COURT | |
Q | We want this clarified again Ms. Witness, when the two (2) Sheriffs left that day in the year of 1999, are you sure they were able to eject the squatters outside of the properties of the Arandas? |
WITNESS | |
A | Yes, Your Honor.[19] |
We find the efforts exerted by Judge Vibandor in investigating the falsification matter extensive enough x x x.The Court has no reason to disturb the findings of Judge Vibandor and the OCA. Without substantial evidence to prove that Alvarez and Abaigar falsified the sheriff’s report, the Court cannot hold them administratively liable.
We also find no reason to disturb his findings and conclusion that respondents are not guilty of falsifying the Sheriff’s Report dated July 5, 1999 as the records of the case duly support the same. Respondents’ consistent assertion that they fully implemented the writ of demolition and their explanation that the houses that remain standing in the area were [sic] those erected near the creek and are no longer covered by the writ are corroborated by the testimony of no less than the wife of the complainant herein. Mrs. Aranda testified that the demolition of the improvements in the Aranda property was made in three phases and it was completed only in 1999 when the sheriffs who took over and implemented it were the respondents. In asserting that she is definite that the respondents sheriffs were the ones who implemented the writ, she states, thus: “because on the afternoon of that day, my husband narrated to me what happened: that the squatters fought with them and even [sic] the squatters fought with the two sheriffs.” She was also unrelenting in her statement that respondents were able to remove the squatters in the Aranda property subject of the civil case. x x x
In addition, the two pictures of the site, attached by respondents to their comments and counter-affidavits, and which they claim to have been taken after the demolition, support the fact that respondents fully implemented the writ of demolition.[20]
With regard to sheriff’s expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards’ fees, warehousing and similar charges, the interested party shall pay said expenses in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. The liquidation shall be approved by the court. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor. (Emphasis ours)Sheriffs cannot just unilaterally demand and receive money from the parties. Section 10 provides the procedure to be followed: (1) the sheriff must make an estimate of the expenses, (2) the court must approve the estimate, (3) the party must deposit the amount with the clerk of court and ex-officio sheriff, (4) the clerk of court and ex-officio sheriff must disburse the amount to the deputy sheriff assigned to effect the process, (5) the deputy sheriff must make a liquidation, (6) the court must approve the liquidation, (7) any unspent amount must be returned to the party, and (8) the deputy sheriff must submit a full report. In Balanag, Jr. v. Osita,[21] the Court held that:
x x x [A] sheriff is guilty of violating the Rules if he fails to observe the following: (1) preparing an estimate of expenses to be incurred in executing the writ, for which he must seek the court’s approval; (2) rendering an accounting; and (3) issuing an official receipt for the total amount he received from the judgment debtor.In the instant case, Alvarez and Abaigar completely failed to observe the procedure in Section 10. They did not (1) prepare an estimate, (2) have the estimate approved by the court, (3) ask the party to deposit the amount with the clerk of court and ex-officio sheriff, (4) make a liquidation, (5) have the liquidation approved by the court, and (6) return any unspent amount. The acquiescence of complainant to the expenses does not absolve Alvarez and Abaigar of their failure to make an estimate and to secure the court’s prior approval of the estimate.[22] Sheriffs are not allowed to receive voluntary payments from parties.[23]
Good faith on the part of the sheriff, or lack of it, in proceeding to properly execute [his] mandate would be of no moment, for he is chargeable with the knowledge that being the officer of the court tasked therefor, it behooves him to make due compliances. x x x [Sheriffs] are not allowed to receive any voluntary payments from parties in the course of the performance of their duties. To do so would be inimical to the best interests of the service because even assuming arguendo such payments were indeed given and received in good faith, this fact alone would not dispel the suspicion that such payments were made for less than noble purposes. In fact, even “reasonableness” of the amounts charged, collected and received by the sheriff is not a defense where the procedure laid down in Section [10], Rule 141 of the Rules of Court has been clearly ignored. Only the payment of sheriff’s fees[25] can be lawfully received by a sheriff and the acceptance of any other amount is improper, even if it were to be applied for lawful purposes. (Emphasis ours)Alvarez and Abaigar have unlawfully demanded and received money from parties before. According to Judge Vibandor, “It is the position of respondent sheriffs that there was no need for the submission of an estimate for the court’s approval because it was their usual practice that once an agreement has been arrived at with the parties, they just talk verbally on the matter.”[26] During the investigation, Alvarez and Abaigar stated that they were “not aware” of the provisions of Section 10 and that their “usual” practice was to directly demand and receive money from the parties:
COURT | |
Q | Tell us Mr. Alvarez, why did you not deem it necessary to make a written estimate of the expenses to be incurred, neither there was submission of the estimate for Court approval or liquidation of expenses? |
MR. ALVAREZ | |
A | Because Your Honor it is our usual procedure that once we arrive with [sic] an agreement, we just verbally talk the matter [sic]. |
COURT | |
Q | Mr. Abaigar, what do you say? |
MR. ABAIGAR | |
A | The same. |
COURT | |
Q | You are not aware of the provision [sic] of Section [10], Rule 141 of the Rules of Court as Sheriff? |
MR. ALVAREZ | |
A | Not aware of that, Your Honor.[27] (Emphasis ours) |
Charging P5,000.00 for every shanty to be demolished x x x without the approval of the court constitutes grave misconduct and conduct prejudicial to the best interest of the service. Although the sheriff, in the performance of his duties, is not precluded from collecting additional sums from a requesting party, the same should be subject to approval from the court as provided for in Section [10] Rule 141 of the Rules of Court. Before an interested party pays the sheriff’s expenses, the latter should first estimate the amount to be approved by the court. The approved estimated expenses shall be deposited by the interested party with the Clerk of Court and ex-officio sheriff who shall disburse the amount to the executing sheriff. The latter shall liquidate his expenses within the same period for rendering a return on the writ. (Abalde vs. Roque, Jr., 400 SCRA 210 [2003]) Any amount received by the sheriff in excess of the lawful fees allowed by the Rules of Court is an unlawful exaction and renders him liable for grave misconduct and gross dishonesty (Alvares, Jr. vs. Martin, 411 SCRA 248 [2003]). Moreover, any unspent amount shall be refunded to the party who made the deposit.[31] (Emphasis ours)In Tan v. Paredes,[32] the Court dismissed a sheriff for receiving money in excess of the lawful fees. In that case, the Court held that:
Under Section [10], Rule 141 of the Rules of Court, the sheriff is required to secure the court’s prior approval of the estimated expenses and fees needed to implement the court process. The requesting party shall deposit such amount with the Clerk of Court. These expenses shall then be disbursed to the executing Sheriff subject to his liquidation within the same period for rendering a return on the process or writ. Any unspent amount shall be refunded to the party who made the deposit.In Sandoval v. Ignacio, Jr.,[34] the Court dismissed a sheriff for receiving money in excess of the lawful fees. In that case, the Court held that:
In the implementation of a writ x x x, only the payment of sheriff’s fees may be received by sheriffs. Sheriffs are not allowed to receive any voluntary payments from the parties in the course of the performance of their duties. To do so would be inimical to the best interests of the service because even assuming arguendo such payments were indeed given and received in good faith, this fact alone would not dispel the suspicion that such payments were made for less than noble purposes. Corollary, a sheriff cannot just unilaterally demand sums of money from a party-litigant without observing the proper procedural steps, otherwise, it would amount to dishonesty or extortion.[33] (Emphasis ours)
The rule requires the sheriff executing writs or processes to estimate the expenses to be incurred. Upon the approval of the estimated expenses, the interested party has to deposit the amount with the Clerk of Court and Ex-officio Sheriff. The expenses shall then be disbursed to the executing Sheriff subject to his liquidation within the same period for rendering a return on the process or writ. Any unspent amount shall be refunded to the party who made the deposit.Abaigar has a previous case decided against him. In De Leon-Dela Cruz v. Recacho,[36] the Court found Abaigar guilty of grave misconduct for demanding and receiving money for the execution of a writ of demolition. In that case, the Court warned him that a repetition of the same offense shall be dealt with more severely. Abaigar repeated the same offense.
In this case, there is nothing on record to indicate that [the sheriff] made an estimate of the expenses to be incurred for execution and had the estimate approved by the court. What does appear on record is the fact that he asked for and received the amount of P1,200.00 from [the party] for which he issued a mere handwritten Temporary Receipt. Neither does it appear that he deposited the amount with the Clerk of Court and Ex-officio Sheriff and rendered an accounting thereof.
The sheriff’s conduct of unilaterally demanding sums of money from a party-litigant purportedly to defray expenses of execution, without obtaining the approval of the trial court for such purported expense and without rendering an accounting therefor constitutes dishonesty and extortion and falls short of the required standards of public service. Such conduct threatens the very existence of the system of administration of justice.[35] (Emphasis ours)
For those who have fallen short of their accountabilities, we have not hesitated to impose the ultimate penalty. We will not tolerate or condone any conduct that violates the norms of public accountability and diminishes the faith of the people in the judicial system. For, we cannot countenance any act or omission on the part of all those involved in the administration of justice which would diminish or even just tend to diminish the faith of the people in the judiciary.Sheriffs are ranking officers of the court. They play an important part in the administration of justice — execution being the fruit and end of the suit, and the life of the law. In view of their exalted position as keepers of the public faith, their conduct should be geared towards maintaining the prestige and integrity of the court.[38] Alvarez and Abaigar failed to live up to the high standards required of sheriffs.
SEC. 10. Sheriffs, PROCESS SERVERS and other persons serving processes. —[9] Rollo, pp. 118-119.
x x x x
(g) For executing a writ or process to place a party in possession of real PROPERTY OR estates, THREE HUNDRED (P300.00) PESOS per property;
x x x x
With regard to sheriff’s expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards’ fees, warehousing and similar charges, the interested party shall pay said expenses in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. The liquidation shall be approved by the court. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor.