Sheriff's Duty in Eviction: Three-Day Notice Cannot Be Skipped

The Supreme Court has reminded all sheriffs that enforcing a writ of execution in eviction cases requires strict compliance with procedural rules, including the mandatory three-day notice to vacate. In Balmaceda-Tugano v. Marcelino (A.M. No. P-14-3233, October 14, 2019), the Court ruled that a sheriff who enforces a writ on the same day he posts the notice commits grave abuse of authority, even if the judgment is immediately executory.

The Facts of the Case

The complainant was the defendant in an unlawful detainer case. After losing at the Metropolitan Trial Court and on appeal, a writ of execution was issued on November 3, 2011. The sheriff, Jerry R. Marcelino, posted a Notice to Vacate on the front door of the complainant's house on November 7, 2011, because she was not around. On that same day, he forcibly opened the locked door and turned over possession of the property to the plaintiffs, in the presence of barangay officials.

The complainant claimed she never personally received the writ and was not given time to remove her belongings or salvage building materials from her house. She filed an administrative complaint against the sheriff for grave abuse of authority.

The Issue

The central question was whether a sheriff may enforce a writ of execution for the delivery of real property without giving the judgment obligor the required notice and reasonable time to vacate, simply because the decision is immediately executory.

The Ruling

The Supreme Court held that immediacy of execution does not mean instant execution. While a sheriff's duty in executing a writ is ministerial, the sheriff must still follow the procedure laid down in the Rules of Court.

Under Section 10(c), Rule 39 of the Rules of Court, the sheriff must demand that the person against whom the judgment is rendered peaceably vacate the property within three (3) working days. Only after this period may the sheriff oust the occupants with the assistance of peace officers.

The Court emphasized that even in cases where decisions are immediately executory, the required three-day notice cannot be dispensed with. A sheriff who enforces the writ without the required notice or before the expiry of the three-day period violates the Rules.

Why the Sheriff Was Held Liable

The Court found the sheriff's guilt undisputed. He admitted to posting the notice on the door because the complainant was nowhere to be found, then enforcing the writ on the same day. He made no effort to ascertain her whereabouts or ensure she personally received the notice.

The Court stressed that the requirement of notice is based on the rudiments of justice and fair play. It frowns upon arbitrariness and oppressive conduct in the execution of an otherwise legitimate act. Because the sheriff enforced the writ with undue haste, he was found guilty of grave abuse of authority.

Since the sheriff had previously been dismissed from service in another case (Litonjua v. Marcelino, A.M. No. P-18-3865, October 9, 2018), the Court imposed a fine of P10,000.00 instead of suspension, to be deducted from his accrued leave credits.

Practical Takeaways

• Three-day notice is mandatory. Sheriffs cannot skip the three-working-day period to vacate, even in cases where the judgment is immediately executory.
• Posting is not enough if personal service is possible. A sheriff must make reasonable efforts to locate the judgment obligor and ensure personal receipt of the notice before resorting to posting.
• Forcible entry is a last resort. A sheriff may only oust occupants after the three-day period expires and only with the assistance of appropriate peace officers.
• Removal of improvements requires a court order. Under Section 10(d), Rule 39, sheriffs cannot destroy, demolish, or remove improvements built by the judgment obligor except upon special order of the court after due hearing.
• Administrative liability follows procedural shortcuts. Sheriffs who act with undue haste in enforcing writs face administrative sanctions, including fines, suspension, or dismissal.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.