434 Phil. 779
MENDOZA, J.:
This is a complaint against respondent Pablo R. Glorioso, Deputy Sheriff, Regional Trial Court, Branch 15, Malolos, Bulacan for abuse of authority in implementing a writ of execution.
In his complaint, dated June 21, 2001, complainant Arthur Camarote alleges:
Respondent denies the foregoing allegations. He contends that, in implementing the writ, he acted in accordance with the information furnished by one of the defendants in the case, Soon Weon Seo, who stated his address to be at “KCW Plastics Corporation, Balagtas, Bulacan,” and it was there that he went on June 14, 2001 to enforce the writ of execution. He claims that he and his companions were in fact freely allowed to enter the premises by the guard on duty. Respondent also claims that the machinery/equipment attached by him were covered by a contract to sell executed by BJ Plastic Corporation in favor of said Soon Weon Seo.[2]
In his Reply, complainant denies that the machinery/equipment levied by respondent sheriff were owned by Soon Weon Seo as the same were sold to him on March 29, 2000 by BJ Plastic Corporation. He adds that respondent sheriff is estopped from claiming that the machinery/equipment he attached were owned by Soon Weon Seo because the same were subsequently attached on October 23, 2000 as properties of “KCW Plastics Corporation” in Civil Case No. 692-M-2000, entitled “Soon Baek Soo v. Soon Weon Seo and/or KCW Plastics Corporation,” of RTC, Branch 14, Malolos, Bulacan, and Atty. Rosendo Tansinsin, Jr., who accompanied respondent sheriff to the premises of KCW Plastics Corporation on June 14, 2001, was also the counsel of Soon Baek Soo in that case. Complainant denied that he allowed respondent to enter the premises of KCW Plastics Corporation on June 14, 2001. In fact, he said he called up his lawyer in order to prevent respondent from attaching the machinery/equipment in the compound.[3]
In its report, the Office of the Court Administrator found respondent sheriff guilty of abuse of authority and serious misconduct and recommended that he be fined P5,000.00. The pertinent portion of its report reads:
As gleaned from the records, CW[B corporation] is different from KCW [corporation]. The incorporators of the KCW appearing in the Article[s] of Incorporation registered with the SEC are: Jong Jin Choi, Arturo Camarote, Jasmin Centro, Nelda Apostol and Melba Balana. Soon Weon Seo and Mary Anne Denisa, defendants in Civil Case No. 483-M-2000, are not incorporators of KCW.
Respondent Sheriff levied the properties inside the factory of KCW because, according to him, they are owned by the CW[B] and Soon Weon Seo for it appears in the Special Power of Attorney executed by the latter that his business address is at KCW Plastics Corporation, Balagtas, Bulacan. But before the implementation of the writ of execution, respondent Sheriff was notified by Atty. Villavert on May 31, 2001 that KCW was not a party to Civil Case No. 483-M-2000. Despite said notice, respondent Sheriff implemented the writ of execution and levied the machineries owned by KCW on June 14, 2001.
With the return of the Writ of Execution and Notice of Levy on Execution made by Atty. Villavert to respondent, he was forewarned that the properties inside the KCW are not owned by the judgment debtors. He should have exerted efforts to verify who is the real owner of the properties inside the factory of the KCW. Respondent relied on the Special Power of Attorney executed by Soon Weon Seo that his office address is KCW Plastics Corporation but he has no proof that the machineries inside the factory are owned by CW[B] or by Soon Weon Seo.
On the other hand, complainant submitted the Article[s of Incorporation of KCW and a copy of the Deed of Absolute Sale of the properties dated March 20, 2000 executed by Don Ming Jand and Jae Ho Kim in favor of the complainant. The Deed of Absolute Sale is the conclusive proof that the machineries levied were owned by KCW not by CWP or Soon Weon Seo.
The undue haste in implementing the writ of execution on properties not owned by the judgment debtors constitutes abuse of authority and serious misconduct.[4]
The Court finds itself unable to concur in the foregoing findings. To be sure, the duty of a sheriff in enforcing writs of execution is ministerial and not discretionary.[5] However, alleged errors in the levy of properties do not necessarily give rise to liability if circumstances exist showing that the erroneous levy was done in good faith. In Civil Case No. 483-M-2000, the judgment, presumably involving payment of a sum of money, was against CWB Plastics Corporation, Soon Weon Seo, and Mary Ann Denisa. Normally, therefore, the judgment should be executed against their properties.[6] However, there are certain circumstances in this case which tend to negate complainant’s claim that KCW Plastics Corporation, of which he says he is general manager, is different from CWB Plastic Corporation and that, in levying upon the machinery of KCW Plastics Corporation, respondent abused his authority. These circumstances suggest a link between KCW Plastics Corporation and Soon Weon Seo, one of the defendants in Civil Case No. 483-M-2000:
Thus, respondent sheriff had basis for believing that KCW Plastics Corporation and Soon Weon Seo, the judgment debtor in Civil Case No. 483-M-2000, had identical interest in the machinery/equipment levied by him. We cannot say that, in levying on the properties in question to enforce the writ of execution in Civil Case No. 483-M-2000 against Soon Weon Seo, respondent sheriff acted arbitrarily or with grave abuse of authority. Contrary to complainant’s claim, the fact that the machinery/equipment in question were subsequently attached by virtue of a writ of preliminary attachment issued by Branch 14 in Civil Case No. 692-M-2000 in which Soon Weon Seo and/or KCW Plastics Corporation are defendants underscores their common interest on the said machinery/equipment.
In any case, if, as complainant claims, the machinery/equipment levied upon by the sheriff belong to him, complainant’s remedy was to file a third-party claim in accordance with Rule 39, §16 of the 1997 Rules of Civil Procedure which provides in pertinent part:
SEC. 16. Proceedings where property claimed by third person. — If the property levied on is claimed by any person other than the judgment obligor or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such judgment obligee, on demand of the officer, files a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied on. In case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefore is filed within one hundred twenty (120) days from the date of the filing of the bond.
The officer shall not be liable for damages for the taking or keeping of the property, to any third-party claimant if such bond is filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action, or prevent the judgment obligee from claiming damages in the same or a separate action against a third-party claimant who filed a frivolous or plainly spurious claim.
Instead of proceeding against respondent sheriff, complainant should have filed such claim with the trial court which issued the writ of execution. Title to the properties in question may not be settled with finality in such proceedings, but their possession could certainly be restored to complainant if the evidence so warrants.[8]
WHEREFORE, the complaint against respondent Pablo R. Glorioso, Deputy Sheriff, Regional Trial Court, Branch 15, Malolos, Bulacan, is DISMISSED for lack of merit.
SO ORDERED.
Bellosillo, (Chairman), Quisumbing, and Corona, JJ., concur.