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EMELITA F. GADIL v. RONALD C. CORDOVA

This case has been cited 1 times or more.

2006-08-29
QUISUMBING, J.
In Gadil v. Cordova,[13] we held that the respondent sheriff therein was liable for simple misconduct for a similar failure. In that case, the respondent sheriff enforced a writ of execution obtained pursuant to Act No. 3135, as amended, (1) despite the assertion of the complainant that the writ was not enforceable against her as she was not in privity with the debtor or mortgagor, and (2) without bringing the objection to the attention of  the issuing judge. Respondent herein is similarly liable.