G.R. No. P-96-1227 October 11, 1996
Renato L. Lirio, complainant, vs. Arturo A. Ramos, Sheriff, Regional Trial Court, Branch 66, Makati City, respondent.

FACTS

Complainant Renato L. Lirio charged respondent Sheriff Arturo A. Ramos with grave misconduct. In a civil case for specific performance and damages, the trial court issued an order for a preliminary writ of attachment specifically covering a house and lot with a value of approximately P11.382 million, identified by TCT No. 149433. The court’s order explicitly stated the property to be attached and also issued a temporary restraining order enjoining the disposition of that same property.
Despite the clear and specific court order, Sheriff Ramos, upon enforcement, did not attach the property covered by TCT No. 149433. Instead, he levied upon two other, more valuable properties of the complainant, covered by different titles, with a total value of around P30 million. The sheriff justified his action by claiming the plaintiff in the civil case instructed him not to attach the subject property due to the existing restraining order, and that it was common practice to attach other available properties to satisfy the claim.

ISSUE

Whether respondent Sheriff Ramos is administratively liable for his manner of implementing the writ of preliminary attachment.

RULING

Yes, the respondent sheriff is administratively liable. The Supreme Court found him guilty of neglect of duty. A sheriff’s duty in executing a writ of attachment is ministerial; he must strictly comply with the directive stated in the court’s order. The trial court’s order was unambiguous, limiting the attachment to the specific property (TCT No. 149433) with the stated value. By attaching different and more valuable properties, the sheriff effectively amended the court order, an act beyond his authority. His reliance on the plaintiff’s instructions was a dereliction of duty, as he is an officer of the court, not of the party.
Furthermore, the sheriff violated specific procedural rules (Sections 5, 6, and 7, Rule 57 of the Rules of Court) by failing to include a proper description of the levied properties in his notice and by not submitting a complete inventory in his return. The Court emphasized that attachment is a harsh remedy, and its implementation demands strict adherence to the rules to protect the debtor from undue humiliation. For this neglect of duty, Sheriff Arturo A. Ramos was suspended from office for one month.