This case has been cited 2 times or more.
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2007-02-14 |
AUSTRIA-MARTINEZ, J. |
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| Well-settled is the rule that a sheriff's duty in the execution of the writ is purely ministerial; he is to execute the order of the court strictly to the letter.[5] He has no discretion whether to execute the judgment or not.[6] When a writ is placed in the hands of the sheriff, it is his duty, in the absence of any instructions to the contrary, to proceed with reasonable celerity and promptness to implement it in accordance with its mandate.[7] For it is only by doing so could he ensure that the order is executed without undue delay. It cannot be overemphasized that sheriffs play an important part in the administration of justice, because they are tasked to execute the final judgments of courts. If not enforced, such decisions are empty victories on the part of the prevailing parties.[8] Indeed, the execution of a final judgment is "the fruit and end of the suit and is the life of the law." | |||||