This case has been cited 1 times or more.
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2011-07-13 |
MENDOZA, J. |
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| It is the duty of the sheriff to give notice of such writ and demand from the defendant (in this case, the complainants) to vacate the property within three days. Only after such period can the sheriff enforce the writ by the bodily removal of defendant and his personal belongings. [32] This notice requirement is anchored on the fundamentals of justice and fair play. The law discourages any form of arbitrary and oppressive conduct in the execution of an otherwise legitimate act. [33] Thus, a sheriff must strictly comply with the Rules of Court in executing a writ. Any act deviating from the procedure prescribed by the Rules of Court is tantamount to misconduct and necessitates disciplinary action. [34] | |||||