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Judge Gregorio Balanag Jr vs Alonzo Osita

JUDGE GREGORIO R. BALANAG, JR., complainant, vs. ALONZO B. OSITA, Sheriff IV, RTC-Alabel, Sarangani, respondent.

A.M. No. P-01-1454 | 2002-09-12

D E C I S I O N

CARPIO, J.:

It is the ministerial duty of the sheriff to implement the writ of execution issued by the court. However, Section 9, Rule 141 of the Rules of Court requires the sheriff to secure the court's prior approval of the estimated expenses and fees needed to implement the writ.

The Facts

The Municipal Circuit Trial Court of Kiamba-Maitum, Sarangani rendered a decision dated August 8, 1995 in Civil Case No. 281 entitled "Felicidad and Arsenio Gadut, et al. vs Diahing Saliang, et al." for Forcible Entry and Damages. The trial court issued a writ of execution on October 4, 1996 to restore possession to plaintiffs and...