Sheriffs Must Follow Court Procedure and Never Accept Unofficial Fees

Sheriffs hold a critical position in the Philippine judicial system. They are the officers tasked with implementing court orders and ensuring that judgments are actually carried out. When a sheriff fails to follow proper procedure or accepts money outside official channels, the entire justice system suffers. The Supreme Court's ruling in Bernabe v. Eguia (A.M. No. P-03-1742, September 18, 2003) provides clear guidance on the standards expected of sheriffs and the consequences for failing to meet them.

The Facts of the Case

The case arose from a complaint filed by Salvador L. Bernabe, counsel for the plaintiff in Civil Case No. 00-26-308. After the court ruled in favor of the plaintiff, a Writ of Execution was issued on July 23, 2001, directing the defendant to pay P133,537.00 plus penalties. The writ was assigned to respondent Sheriff Winston T. Eguia of the Regional Trial Court, Branch 26, Iloilo City.

According to the complaint, Sheriff Eguia went to the complainant's office and asked for P5,000.00 as a "sheriff's fee." The complainant paid the amount by check, which was acknowledged through a disbursement voucher. However, the sheriff's return of service, submitted more than sixty days after he received the writ, showed that the writ was returned unsatisfied.

The sheriff admitted receiving the money but claimed it was voluntarily given by the plaintiff's representative for travel expenses. He argued that he made six trips to Roxas City to serve the writ but found no property to levy. He also contended that the rule requiring a report within thirty days did not apply because there was no partial or full satisfaction of the judgment.

The Proper Procedure for Sheriff's Expenses

The Supreme Court emphasized that sheriffs cannot simply accept money from parties. Under Section 9, Rule 141 of the Rules of Court, the proper procedure requires the sheriff to:

• Estimate the expenses to be incurred in serving or executing the writ
• Submit this estimate for court approval
• Have the interested party deposit the approved amount with the Clerk of Court and Ex-Officio Sheriff
• Receive disbursement from the Clerk of Court, subject to liquidation
• Refund any unspent amount to the party who made the deposit

The Court ruled that only the payment of sheriff's fees may be lawfully received by sheriffs. Even if a payment is voluntary and given in good faith, accepting it is improper. The Court noted that even the "reasonableness" of amounts received is not a defense when the procedure under Rule 141 has been ignored. Accepting such payments creates suspicion of improper motives, and sheriffs cannot receive gratuities or voluntary payments from parties they are ordered to assist.

The Duty to Report on Execution

The Court also addressed the sheriff's reporting obligations. Under Section 14, Rule 39 of the 1997 Rules of Civil Procedure, a writ of execution must be returned to the court immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied within thirty days after receipt of the writ, the sheriff must report to the court and state the reasons.

The sheriff must continue submitting reports every thirty days on the proceedings taken until the judgment is fully satisfied or the writ's effectivity expires. The purpose of this requirement is to keep the court informed about the status of execution and to ensure the speedy implementation of decisions.

In this case, the sheriff submitted his return more than sixty days after receiving the writ, well beyond the prescribed period. The Court found this delay deserving of reproof, noting that sheriffs must execute writs with reasonable speed and promptness.

The Ruling

The Court found Sheriff Eguia guilty of conduct prejudicial to the best interest of the service. The Court noted that this was not his first offense—he had previously been suspended for fifteen days in A.M. No. P-91-638 and fined in another case. Despite these prior sanctions, he had not reformed.

The Court suspended Sheriff Eguia for two months without pay and sternly warned that repetition of similar infractions would be dealt with more severely.

Practical Takeaways

• Sheriffs must follow the deposit procedure for expenses. Any amount needed for serving or executing a writ must be estimated, approved by the court, and deposited with the Clerk of Court—never paid directly to the sheriff.
• Voluntary payments are still prohibited. Even if a party voluntarily offers money to a sheriff, accepting it violates the rules and may constitute dishonesty or extortion.
• Timely reporting is mandatory. Sheriffs must return writs immediately after satisfaction and submit reports every thirty days if the judgment remains unsatisfied.
• Prior offenses matter. The Court considers a sheriff's disciplinary history when determining penalties for new violations.
• Public trust is paramount. Court personnel must maintain conduct beyond reproach, as any impression of impropriety diminishes public faith in the judiciary.

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