This case has been cited 1 times or more.
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2006-01-31 |
CARPIO, J. |
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| The duty of a sheriff to execute a valid writ is ministerial and not discretionary. A purely ministerial act or duty is one which an officer or tribunal performs in the context of a given set of facts, in a prescribed manner and without regard to the exercise of his own judgment upon the propriety or impropriety of the act done. A discretionary act, on the other hand, is a faculty conferred upon a court or official by which he may decide the question either way and still be right. [19] On the issue of sheriff's fees, there exists no evidence that respondent Sheriff received P16,655 from complainant. The record contains only the latter's bare assertion that he "will prove at the hearing of this case that he had already spent P16,655 in sheriff's fees." [20] The Court cannot give credence to such an unsupported claim. It is well-settled that in administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations in his complaint. [21] | |||||