A.M. No. RTJ-00-1593. October 16, 2000
Jaime Morta, Sr., and Donald Morga, complainants, vs. Judge Jose S. Sañez and Sheriff IV Angel Conejero, respondents.

FACTS

Complainants were defendants in an unlawful detainer case where the Municipal Trial Court ruled against them. Their appeal to the Regional Trial Court (RTC) was denied. While their further appeal to the Court of Appeals was pending, the prevailing plaintiff secured a writ of execution pending appeal from RTC Branch 4. Subsequently, the plaintiff filed a motion for a writ of demolition. Respondent Judge Jose S. Sañez, acting as pairing judge, granted this motion and issued the writ on January 22, 1998. Complainants opposed, arguing their houses were family homes exempt from execution and that the writ was issued without the required special order, notice, and hearing. Respondent Sheriff Angel Conejero implemented the demolition.
The complainants filed this administrative case. They alleged Judge Sañez violated procedural rules by issuing the demolition writ without a prior hearing, without fixing a reasonable time for them to remove the structures, and without issuing the mandatory special order under the Rules of Court. Against Sheriff Conejero, they alleged he implemented the demolition knowing the properties were exempt, failed to make an inventory of demolished materials, failed to submit cost estimates for court approval, and implemented the writ without a special order and without properly serving it.

ISSUE

Whether respondents Judge Jose S. Sañez and Sheriff Angel Conejero are administratively liable for their actions in issuing and implementing the writ of demolition.

RULING

Yes, both respondents are administratively liable. The Supreme Court found Judge Sañez guilty of abuse of authority and gross ignorance of the law. Section 10(d), Rule 39 of the Rules of Court explicitly requires a special order from the court, issued upon motion and after due hearing, before improvements on a property can be destroyed or demolished. The judge admitted he issued the writ as a mere incident to the earlier writ of execution and did not conduct a hearing, fix a reasonable time for removal, or issue the requisite special order. This constituted a blatant disregard of a clear procedural rule.
Sheriff Conejero was found guilty of abuse of authority, misconduct, and gross ignorance of the law. He implemented the demolition despite the absence of the legally required special order. He also admitted to failing to submit a rough estimate of demolition costs to the court for approval as mandated by Section 9, Rule 141 of the Rules of Court, and failed to make an inventory of the demolished materials. These are fundamental rules governing the proper conduct of sheriffs in the execution of court processes. The Court imposed a fine of Five Thousand Pesos (P5,000.00) on Judge Sañez and a one-month suspension without pay on Sheriff Conejero.