Back

Armando Canlas and Rudy Dungca vs Sheriff Claude Balasbas

ARMANDO M. CANLAS and RUBY C. DUNGCA, complainants, vs. Sheriff CLAUDE B. BALASBAS, Regional Trial Court of Angeles City (Branch 59), respondent.

A.M. No. P-99-1317 | 2000-08-01

D E C I S I O N

PANGANIBAN, J.:

Section 9 of Rule 141 requires that the sheriff's estimate of expenses in the execution of a writ should be approved by the judge. The approved estimated amount shall be deposited with the clerk of court who, as ex officio sheriff, shall then disburse the same to the assigned sheriff. Hence, a sheriff who receives from the parties an amount that is not included in the approved estimate and is not deposited with the clerk of court is guilty of violating the said provision.

The Case

Armando M. Canlas and Ruby C. Dungca filed a sworn Complaint1 [Rollo, pp. 1-2.] dated January 18, 1998, accusing Sheriff...