GR 126126; (October, 2000) (Digest)
March 16, 2026GR 90478; (November, 1991) (Digest)
March 16, 2026A.M. No. P-00-1423 ; December 10, 2004
Florentina Deang, complainant, vs. Sheriffs Allen Francisco S. Sicat and Daniel V. Pangan, Municipal Trial Court in Cities, Angeles City, respondents.
FACTS
Complainant Florentina Deang was a lessee in a shopping center. The owner, Santos-Yllana Corporation, filed an ejectment case against her for non-payment of rentals. The MTCC, based on an alleged compromise agreement, rendered a judgment ordering Deang to pay arrears or vacate. Deang later moved to deny a subsequent motion for execution, claiming full payment supported by receipts. The judge nonetheless issued a writ of execution. Sheriff Allen Francisco Sicat enforced this writ on February 27, 1998, padlocking Deang’s stall. The stall was temporarily reopened pending a motion for reconsideration. Upon the motion’s denial, Sheriff Daniel Pangan re-enforced the writ on June 5, 1998, counter-padlocking the stall and detaining Deang’s merchandise inside. Deang alleged the sheriffs acted with bad faith, with Sicat enforcing a writ despite not being the assigned sheriff, and Pangan having previously offered to help her case.
ISSUE
Whether respondents Sheriffs Sicat and Pangan are administratively liable for their actions in implementing the writ of execution.
RULING
Yes, the sheriffs are guilty of misconduct. The Court found their conduct unlawful and prejudicial. Sheriff Sicat improperly implemented a writ addressed to Sheriff Pangan based merely on a judge’s verbal instruction, disregarding the rule that a writ must be served by the sheriff to whom it is directed unless duly substituted. This demonstrated a lack of care for proper procedure. Sheriff Pangan, while the assigned officer, acted beyond the writ’s scope. The writ authorized the collection of monetary amounts or a levy on goods. Instead of making a levy through a detailed inventory and public sale as required by the Rules of Court, Pangan simply padlocked the stall and detained the goods indefinitely. This constituted an illegal seizure, converting a judicial process into an unauthorized act of coercion. Both actions eroded public trust in the administration of justice. The offense is classified as simple misconduct, a less grave offense. Respondents Sheriffs Allen Francisco S. Sicat and Daniel V. Pangan are SUSPENDED for six months without pay.
