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Showing 265–288 of 361 articles for “sheriff”

Sheriff's Duty on Execution Expenses: Proper Handling of Funds and Court Orders

A sheriff's failure to follow Rule 141 procedures for execution expenses and implement demolition orders results in administrative liability.

Sheriff Dereliction of Duty: When Delayed Execution Violates Judicial Mandate

Philippine Supreme Court ruling on sheriffs' ministerial duty to execute writs promptly, with lessons on process server obligations.

Sheriffs Held Accountable for Neglecting Writs of Demolition

Philippine Supreme Court rules sheriffs must implement writs promptly; delays and procedural shortcuts draw fines for dereliction of duty.

Sheriffs Breach OF Duty Foreclosure Irregularities AND Grave Misconduct

When a Sheriff Must Pursue All Judgment Debtors: Lessons from Oliveros v. San Jose

A sheriff's duty to enforce a writ extends to all solidary debtors. Learn the lessons from this administrative case.

Sheriff's Duty in Enforcing Solidary Obligations: Oliveros v. San Jose

A sheriff who stops after finding one judgment debtor has no property commits negligence when a co-debtor is solidarily liable for the same award.

Sheriffs Duties AND Liabilities Upholding Procedural Integrity IN Writ Execution

Sheriff's Demolition Duty Requires a Special Court Order

A sheriff cannot demolish structures under a writ of execution without a special court order. This case explains the rule.

Sheriffs’ Duty to Return Writs and Accountability in Execution of Judgments

A sheriff’s failure to return writs on time is gross negligence; accepting fees without court approval is gross misconduct.

Sheriff's Execution Expenses Need Court Approval: Balanag v. Osita

The Supreme Court ruled that a sheriff must secure court approval of estimated execution expenses, and must turn over levy proceeds to the clerk of court.

Sheriffs Must Execute Writs Promptly: Accountability for Delay in Philippine Courts

Philippine Supreme Court holds sheriff liable for seven-month delay in executing a writ, affirming sheriffs' duty to act with dispatch.

Sheriffs Must Execute Writs Promptly: Limits on Discretion and Dialogue

When a writ of execution is placed in a sheriff's hands, the duty to enforce it is ministerial. Delays and unauthorized "dialogues" can result in administrative liability.

Sheriffs Duty to Give Reasonable Notice Before Eviction: The Manuel Case

When can a sheriff be liable for damages in an ejectment case? The Supreme Court explains the duty to give reasonable notice before enforcing a writ of execution.

Sheriff’s Duty vs. Corporate Identity: When Levy on a Third Party’s Property Is Allowed

A sheriff’s duty is ministerial, but good faith can excuse an erroneous levy. Learn the rule on third-party claims.

Judicial Ethics When Personal Business Deals Conflict With Impartiality

A sheriff's side business as attorney-in-fact created a conflict of interest. The Court fined him for conduct unbecoming.

Sheriffs' Duty to Execute Writs Promptly and File Periodic Reports

A sheriff's failure to execute writs and file reports every 30 days is dereliction of duty, as ruled in this administrative case.

Sheriffs' Duty to Execute Court Orders: Balancing Diligence and Due Process

Philippine Supreme Court clarifies sheriffs' duty to promptly execute writs of demolition, balancing enforcement with respect for due process.

When Do New Court Fees Apply in Extrajudicial Foreclosures? UCPB Case Explained

The Supreme Court clarifies when new sheriff's and notary fees apply in extrajudicial foreclosures, using the UCPB case as guide.

Judicial Accountability: Fines for Sheriffs Who Skip Raffle in Foreclosure Cases

Supreme Court fines sheriffs P1,000 each for failing to raffle an extrajudicial foreclosure petition, underscoring strict compliance with court procedure.

Sheriffs, Foreclosure, and the Duty to Follow Court Procedure

In Ta-Octa v. Eguia, the Supreme Court fined two sheriffs for skipping the mandatory raffle in an extrajudicial foreclosure, stressing strict compliance with court rules.

Sheriffs Breach OF Protocol Upholding Impartiality IN Writ Execution

When a Sheriff's Demolition Violates Due Process: Lessons from Biscocho v. Marero

A sheriff demolished homes of non-parties to an ejectment case. The Supreme Court ruled this was grave misconduct violating due process.

Sheriffs Must File Return and Seek Court Guidance When Writs Conflict

Administrative case reminds sheriffs that implementing writs is ministerial; when property is under custodia legis, they must report and await instructions.

Dereliction of Duty and Dismissal Integrity in Public Service: Lessons from DBP v. Nequinto

The Supreme Court dismissed a sheriff for grave misconduct after he abused his authority in enforcing a writ of execution against a government bank.