Back

Salvador L. Bernabe Vs. Winston T. Eguia.

SALVADOR L. BERNABE, complainant, vs. WINSTON T. EGUIA, Sheriff IV, Regional Trial Court, Branch 26, Iloilo City, respondent.

A.M. No. P-03-1742 | 2003-09-18

R E S O L U T I O N

YNARES-SANTIAGO, J.:

Sheriffs have the ministerial duty to implement writs of execution promptly. Their unreasonable failure or neglect to perform such function constitutes inefficiency and gross neglect of duty.[1] When writs are placed in the hands of sheriffs, it is their ministerial duty to proceed with reasonable speed and promptness to execute such writs in accordance with their mandate.[2] Corollarily, a sheriff cannot just unilaterally demand sums of money from a party-litigant without observing the proper procedural steps, otherwise it would amount to dishonesty or extortion.[3]

In a verified complaint dated...