Sheriffs Must Follow Rule 141 Procedure for Execution Expenses — Key Lessons from Go v. Hortaleza

Sheriffs play a crucial role in the Philippine justice system — they are the officers who carry out court orders and ensure that judgments do not remain empty victories. But when a sheriff collects money from parties to cover execution expenses, there are strict rules to follow. In Go v. Hortaleza (A.M. No. P-05-1971, June 26, 2008), the Supreme Court reminded sheriffs that even well-intentioned collection of expenses can lead to administrative liability if done outside the prescribed procedure.

The Case: What Happened

Jorge Go and his spouse were defendants in an ejectment case before the Municipal Trial Court (MTC) of Mangaldan, Pangasinan. The MTC ruled against them and later granted the plaintiff's motion for execution. While Go's motion for reconsideration was still pending, Deputy Sheriff Vinez A. Hortaleza seized and impounded Go's Toyota Corolla at the Hall of Justice parking lot in Dagupan City.

To get his car back, Go deposited P161,042.00 with the Office of the Clerk of Court. When the MTC later ordered the release of the vehicle, Hortaleza demanded P5,000.00 from Go's representative before releasing the car. The sheriff issued only an acknowledgment receipt — not an official receipt — and did not respond to Go's repeated requests for a refund or proper documentation.

The Issue: Did the Sheriff Violate Any Rule?

The sheriff argued that he merely followed Rule 39 of the Rules of Court, which requires the requesting party to pay sheriff's expenses in enforcing writs of execution. He explained that the P5,000.00 went to a mechanic (P4,000.00), a key master (P500.00), and his own transportation (P500.00).

The Supreme Court found that the sheriff's mistake was not in implementing the writ — that was his ministerial duty, and the judgment was already final and executory. Instead, his liability arose from how he collected the money.

The Proper Procedure Under Section 9, Rule 141

The Court laid out the exact steps a sheriff must follow before receiving execution expenses:

1. Estimate the expenses — the sheriff must make an estimate of the costs to be incurred.
2. Secure court approval — the estimate must be submitted to and approved by the court.
3. Deposit with the Clerk of Court — the interested party deposits the approved amount with the Clerk of Court, not with the sheriff personally.
4. Disbursement by the Clerk — the Clerk of Court disburses the funds to the executing sheriff.
5. Liquidation and refund — the sheriff must liquidate expenses within the same period for rendering a return on the writ, and any unspent amount must be refunded.

In this case, Hortaleza skipped all these steps. He demanded and received P5,000.00 directly, without any court-approved estimate, and took custody of the funds himself. The Court noted that even though he later showed a breakdown of expenses, this did not justify his deviation from the rules.

Additional Violations: R.A. No. 6713

The Court also found Hortaleza liable for violating Section 5(a) and (d) of Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees. He failed to respond to Go's letter within 15 working days and did not act promptly on the complainant's request for an official receipt. The Court cited Supreme Court Administrative Circular No. 08-99, which reminds all judiciary personnel to strictly follow these duties.

The Ruling

The Court found Hortaleza guilty of simple misconduct, not dishonesty or serious misconduct, because there was no clear showing that he was motivated by intent to gain. He was suspended for two (2) months without pay and reprimanded for violating R.A. No. 6713, with a stern warning that repetition would be dealt with more severely.

Practical Takeaways

• Sheriffs must never collect execution expenses directly from parties. All amounts must go through the Clerk of Court following the Rule 141 procedure.
• A court-approved estimate of expenses is mandatory before any deposit is made.
• Even if a sheriff can account for how the money was spent, failure to follow the prescribed procedure is still an administrative offense.
• Public officials, including court personnel, must respond to letters and requests within 15 working days under R.A. No. 6713.
• Sheriffs should always issue official receipts for any amount received in the performance of their duties.

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