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Marsada vs.Monteroso

SIMPLECIO A. MARSADA, COMPLAINANT, VS. ROMEO M. MONTEROSO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 34, CABADBARAN, AGUSAN DEL NORTE, RESPONDENT.

A.M. No. P-10-2793 (Formerly A.M. OCA IPI No. 06-2406-P) | 2016-03-08

D E C I S I O N
 
BERSAMIN, J.:
 
A sheriff should enforce a writ of execution strictly according to its terms and in the manner provided in the Rules of Court. He is administratively liable if he deliberately contravenes the terms thereof, like having the judgment creditor accept an amount less than that stated in the writ of execution as the full and entire satisfaction thereof.
 
Antecedents

This administrative matter stemmed from the complaint for misconduct and dishonesty dated January 15, 2006[1]lodged by Simplecio A. Marsada, a winning litigant, against respondent Romeo M. Monteroso in his capacity as Sheriff IV of...