AM P 04 1786; (February, 2006) (Digest)
A.M. No. P-04-1786; February 13, 2006
Adelaida Escobar Vda. de Lopez, Complainant, vs. Atty. Analiza M. Luna, Clerk of Court, and Sheriff IV Victor R. Hernandez, Both of RTC, Tagaytay City, Branch 18, Respondents.
FACTS
Complainant was the prevailing party in a civil case for easement of right of way. The trial court granted execution pending appeal on October 18, 2001. Complainant inquired about the writ in January 2002. Respondent Clerk of Court Atty. Luna informed her the writ could not be issued due to an unpaid docket fee of ₱150. After payment on January 8, 2002, Atty. Luna told complainant the writ was with Sheriff Hernandez and advised her to provide “panggastos” for its implementation. Complainant contacted the sheriff, who deferred action. Atty. Luna later informed complainant that a writ was issued on January 22, 2002, but a Temporary Restraining Order (TRO) from the Court of Appeals was issued on January 24, 2002. After the TRO expired, Atty. Luna refused to implement the writ without a new court order, prompting this administrative complaint for dishonesty and demanding “panggastos.”
ISSUE
Whether respondents are administratively liable for negligence and misconduct in the performance of their duties related to the writ of execution.
RULING
Yes, both respondents are administratively liable. The Court found Atty. Luna negligent for causing undue delay. The issuance of a writ of execution is a ministerial duty upon a final order. Her insistence on payment of a sheriff’s fee under Rule 141, Section 9 as a prerequisite for issuance was erroneous; that fee is for the sheriff’s implementation, not for the issuance of the writ itself. Her failure to promptly issue the writ and her subsequent refusal to act after the TRO expired without consulting the presiding judge constituted neglect of duty. For Sheriff Hernandez, the duty to execute a writ with reasonable promptness is ministerial. His delay, attributed to a heavy workload and a “first come, first served” system, is not a valid excuse. The Court emphasized that sheriffs must prioritize writs of execution to ensure the timely administration of justice. Their actions collectively prejudiced the complainant and undermined public confidence in the judiciary. Atty. Analiza M. Luna was found guilty of Simple Neglect of Duty and fined ₱5,000. Sheriff Victor R. Hernandez was found guilty of Simple Misconduct and fined ₱5,000, with a stern warning for future infractions.