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Pepito & Marta Torres vs Vicente Sicat Jr

PEPITO I. TORRES and MARTA M. TORRES, complainants, vs. VICENTE SICAT, JR., Sheriff IV, Regional Trial Court-Office of the Clerk of Court, Angeles City, Pampanga, respondent.

A.M. No. P-00-1379 | 2002-09-19

R E S O L U T I O N

YNARES-SANTIAGO, J.:

By itself, the swiftness by which a sheriff implements a writ of execution does not warrant sanction because when a writ is placed in the hands of a sheriff, it is his ministerial duty to proceed with reasonable celerity and promptness to execute it in accordance with its mandates.[1] In fact, in the absence of instructions or a restraining order, he is bound to serve the writ of execution with dispatch.[2] However, speed of implementation assumes a sinister significance when, taken in conjunction with the overzealous manner of its execution, a writ was enforced on the very same day it was...