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WILSON B. TAN v. JOSE A. DAEL

This case has been cited 4 times or more.

2011-07-13
MENDOZA, J.
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]
2009-07-30
CHICO-NAZARIO, J.
The Court has even higher expectations from its sheriffs. Sheriffs play an important role in the administration of justice, and they should always invigorate and hold in violate the tenet that a public office is a public trust.[21] Being at the grassroots of our judicial machinery, sheriffs and deputy sheriffs are in close contact with the litigants; hence, their conduct should all the more maintain the prestige and the integrity of the court.[22] By the very nature of their functions, sheriffs must conduct themselves with propriety and decorum, so as to be above suspicion.[23] Sheriffs cannot afford to err in serving court writs and processes and in implementing court orders, lest they undermine the integrity of their office and the efficient administration of justice.[24]
2009-06-30
CHICO-NAZARIO, J.
The Court has even higher expectations from its sheriffs.  Sheriffs play an important role in the administration of justice, and they should always invigorate and hold in violate the tenet that a public office is a public trust.[21]  Being at the grassroots of our judicial machinery, sheriffs and deputy sheriffs are in close contact with the litigants; hence, their conduct should all the more maintain the prestige and the integrity of the court.[22]  By the very nature of their functions, sheriffs must conduct themselves with propriety and decorum, so as to be above suspicion.[23]  Sheriffs cannot afford to err in serving court writs and processes and in implementing court orders, lest they undermine the integrity of their office and the efficient administration of justice.[24]
2006-01-31
CARPIO, J.
Well-settled is the rule that the sheriff's duty in the execution of a writ issued by a court is purely ministerial. [29] The sheriff must comply with the Rules of Court in executing a writ. Any act deviating from the procedure laid down in the Rules of Court is a misconduct and warrants disciplinary action. [30]