G.R. No. P-04-1895, September 13, 2004
Florentino A. Caja vs. Atilano G. Nanquil, Sheriff IV, RTC, Branch 72, Olongapo City

FACTS

Complainant Florentino Caja was a defendant in a sum of money case where a judgment was rendered against him and his co-defendants. Respondent Sheriff Atilano Nanquil was tasked with implementing the writ of execution. The sheriff levied on several properties: a parcel of land with an assessed value of P1,786,870 and, later, personal properties including a payloader, a dump truck, and G.I. sheets. A third-party claim was filed on the personal properties, asserting a prior mortgage.
Caja filed an administrative complaint against Sheriff Nanquil for Grave Misconduct and Gross Ignorance of the Rules. He alleged the sheriff committed an “over levy” by attaching properties with a total value far exceeding the judgment debt, violating the rule that a levy should only be for a sum sufficient to satisfy the judgment. He further accused the sheriff of delivering the levied properties directly to the judgment creditor without conducting a public auction sale, in violation of procedural rules.

ISSUE

Whether respondent Sheriff Atilano Nanquil is administratively liable for Grave Misconduct and Gross Ignorance of the Rules on Execution.

RULING

Yes, but only for Simple Neglect of Duty, not for the charges of Grave Misconduct or Gross Ignorance. The Court found the charge of “over levy” unsubstantiated. The sheriff’s act of levying on both real and personal properties was not inherently irregular, as the rules allow levy on sufficient property to satisfy the judgment, and the total value of the judgment with accumulating interest was not definitively established to be less than the levied properties’ value. The third-party claim on the personal properties also created a complication that could affect their net value for satisfaction of the debt.
However, the sheriff was liable for neglect in failing to proceed with the auction sale with reasonable dispatch. The writ of execution was issued in February 1997, the levies were made in May and July 1997, yet the sheriff only scheduled an auction sale in June 2001—after the administrative complaint was filed. This four-year delay constituted a failure to perform a duty with due diligence, amounting to Simple Neglect of Duty. The Court emphasized that sheriffs must act promptly to ensure the speedy administration of justice. For this infraction, Sheriff Nanquil was suspended for six months without pay, with a stern warning.