Cited Laws
accordingly, she [needed] to consult her lawyer first. At the same time, Julie Dacanay angrily told me that the owner's duplicate copy of TCT No. 016-2011003045 [was] not with her but [was] in the possession of Shirley Tiwaken. . . . . On June 23, 2015, the complainant Shirley Tiwaken, in the company of two other women, came to the office for the purpose of paying the attachment bond imposed by [Branch 10, Regional Trial Court], in Civil Case No. 12-CV-2884. Taking advantage of her presence, I asked Shirley Tiwaken if it is true that she has in her possession Transfer Certificate of Title No. 016-2011003045 because that was what Julie Dacanay told me on April 20 and 21, 2015. I vividly recall that Shirley answered that she has the title and two (2) other titles in the name of Julia Fianza; Hence, I advised Shirley that she should give me Transfer Certificate of Title No. 016-2011003045 because the Municipal Trial Court already issued a Writ of Execution directing me as Acting Ex-officio Provincial Sheriff to recover the title and that the directive of the court should be respected. Otherwise, she will be courting a contempt sanction from the court if she refuses. I never told Shirley that the certificate of title [would] be for safekeeping only. In response, Shirley told me that she [would] give the certificate of title to me after she [] finished processing the attachment of the titles of Julia Fianza; When Shirley came to our office on June 23, 2015, she exhibited to me an Order. . . essentially granting her prayer for the issuance of a Writ of Preliminary Attachment and she came to our office to pay the attachment bond required by the court in the amount of Two Million Seven Hundred Thousand Pesos (PHP 2,700,000.00). The court imposed bond was received and duly receipted by our office hence on June 24, 2015, [Branch 10, Regional Trial Court] issued a Writ of Attachment in Civil Case [No.] 12-CV-2884[;] On June 25, 2015, after she secured the Writ of Preliminary Attachment, Shirley Tiwaken and the two women who were with [her] on June 23, 2015, came to the Office of the Clerk of Court La Trinidad, Benguet and finally turned over to me Transfer Certificate of Title No. 016-2011003045 [and] Tax Declaration No. 99-013-08915, both in the name of Julia Fianza. Likewise, without me requiring it, Shirley Tiwaken turned over to me Katibayan ng Orihinal na Titulo Blg. P-21252 in the name of Julia Fianza married to Manuel Fianza and Katibayan ng Orihinal na Titulo Blg. P-21221 in the name of Manuel Fianza married to Julia Fianza. I received the certificates of title[] and the tax declaration enumerated above and issued an Acknowledgement Receipt[;] On June 30, 2015, I turned over Transfer Certificate of Title No. 016-2011003045 and Tax Declaration No. 99-013-08915 to Julia Fianza in compliance with the Writ of Execution issued by the Municipal Trial Court of La Trinidad, Benguet dated March 5, 2015[;] In so far as Katibayan ng Orihinal na Titulo Blg. P-2