A.M. No. MTJ-02-1395. March 28, 2003
Baikong Akang Camsa, complainant, vs. Judge Aurelio D. Rendon, Municipal Trial Court, Isulan, Sultan Kudarat, and Sheriff Edwin G. Cabug, Regional Trial Court, Branch 19, Isulan, Sultan Kudarat, respondents.

FACTS

Complainant Baikong Akang Camsa filed an administrative case against Judge Aurelio D. Rendon and Sheriff Edwin G. Cabug. The complaint stemmed from a civil case for recovery of possession where Judge Rendon decided against Camsa. Camsa alleged that prior to the decision, Judge Rendon demanded P60,000.00 for a favorable ruling, of which she gave P30,000.00. She also claimed the judge issued, motu proprio, an alias writ of execution that inaccurately included an order for demolition, going beyond the dispositive portion of the decision which only ordered her to remove a wire fence at her own expense.
Regarding Sheriff Cabug, Camsa alleged he used extraordinary force in enforcing the writ. The sheriff, in implementing the alias writ, proceeded with the demolition of improvements on the property. Judge Rendon died pending investigation, leading to the dismissal of the case against him. The investigation proceeded solely against Sheriff Cabug, focusing on his actions in carrying out the demolition.

ISSUE

Whether Sheriff Edwin G. Cabug is administratively liable for his actions in implementing the alias writ of execution.

RULING

Yes, Sheriff Cabug is administratively liable for Gross Ignorance of the Law. The Supreme Court found that the alias writ of execution, while directing the sheriff “to remove all improvements,” did not constitute a valid special order of demolition. The Court emphasized that a sheriff’s duty is purely ministerial. Under Section 10(d), Rule 39 of the Rules of Court, the demolition or removal of improvements constructed by the judgment obligor requires a special order from the court, issued only upon motion of the judgment obligee after due hearing and after the obligor fails to remove them within a reasonable time.
The Court ruled that Sheriff Cabug exercised undue discretion by stretching the provisions of the writ. He was aware of the need for a special court order, as the complainant’s counsel had called his attention to this procedural requirement. Nevertheless, he proceeded with the demolition. As an officer of the court and an agent of the law, he is bound to perform his duties with utmost care and diligence, adhering strictly to prescribed rules. His failure to do so constituted gross ignorance of the law, undermining public faith in the judiciary. Accordingly, the Court fined him Five Thousand Pesos (P5,000.00) with a stern warning.