G.R. No. L-13031; January 7, 1919
AMALIA MORENO, plaintiff-appellee, vs. LEON REYES, NEMESIO REYES, ANDRES GARCHITORENA, AND CASIMIRO NATIVIDAD, defendants-appellants.

FACTS:
In 1909, defendant Leon Reyes was the sheriff of Ambos Camarines. By virtue of an execution issued by the court, he levied and sold certain real estate belonging to plaintiff Amalia Moreno. To redeem the land, Moreno delivered the sum of P5,796.66 to Sheriff Reyes in June and July 1909, for which she received a receipt. It was later adjudged that Moreno was not entitled to redeem the land. Consequently, she demanded the return of the money from Reyes, but he refused. On November 13, 1915, Moreno filed an action in the Court of First Instance of Ambos Camarines against Sheriff Leon Reyes and his bondsmen (co-defendants) to recover the said amount plus damages. The facts were stipulated by the parties. The lower court ruled in favor of Moreno, ordering the defendants to pay P5,796.66 with legal interest. The defendants appealed.

ISSUE:
Whether the defendant sheriff and his bondsmen are liable to return the money received by the sheriff in his official capacity, which the plaintiff was later found not entitled to pay.

RULING:
Yes. The Supreme Court affirmed the lower court’s judgment. The money was received by Leon Reyes by virtue of his office as sheriff. It was his official duty to faithfully account for and return money he had no right to retain. For the faithful performance of his duties, Reyes had posted a bond with his co-defendants as sureties, making them jointly and severally liable for all moneys and property coming into his hands as sheriff. This liability persists even after the expiration of his term of office. Therefore, the defendants are liable to return the sum of P5,796.66 to the plaintiff, with legal interest from the commencement of the action. Costs against the appellants.