This case has been cited 1 times or more.
|
2009-10-26 |
PER CURIAM |
||||
| The Court finds well taken the recommendation of the OCA to hold Rimando guilty of Acts Prejudicial to the Best Interest of the Service. Francisco v. Gonzales[18] enlightens: While the trial court has the competence to identify and to secure properties and interest therein held by the judgment debtor for the satisfaction of a money judgment rendered against him, such exercise of its authority is premised on one important fact: that the properties levied upon, or sought to be levied upon, are properties unquestionably owned by the judgment debtor and are not exempt by law from execution. Also, a sheriff is not authorized to attach or levy on property not belonging to the judgment debtor, and even incurs liability if he wrongfully levies upon the property of a third person. A sheriff has no authority to attach the property of any person under execution except that of the judgment debtor.[19] (Emphasis in the original; italics and underscoring supplied) | |||||