A.M. No. P-00-1409 - CHRISTOPHER VALENCIA, COMPLAINANT, VS. RODOLFO L. VALEÑA, SHERIFF IV, RTC, BRANCH 63, CALAUAG, QUEZON.

Ruling

Accordingly, a writ of execution was issued on February 13, 1991, but it was returned unsatisfied. Respondent sheriff said that Quejada had refused to deliver possession of the properties to complainant because the latter had invested P200,000.00 on the lands and wanted to consult his lawyer first. [2] Three alias writs of execution were issued from 1991 to 1995, all of which were returned unsatisfied. With regard to the last writ issued on July 7, 1995, respondent sheriffs return stated: That in the first week of September, 1995, undersigned received said Alias Writ from the plaintiff Christopher Valencia; That on September 14, 1995, undersigned met with plaintiff Cristopher Valencia together with his counsel, Atty. Donardo Paglinawan at Brgy. Aloneros, Guinayangan, Quezon and altogether proceeded to Brgy. Cabuguang, Tagkawayan, Quezon to serve said Alias Writ; That at the house of Romeo Quejada, who refused to sign the Alias Writ in the presence of his wife and his Army son but that there was an agreement that after the harvest of the prawns in the fishpond subject of this case by the end of October, 1995, defendant will turn over to the plaintiff possession of the fishpond; [3] Complainant, therefore, brought this matter to this Court, alleging that respondent had failed to execute the decision because he readily accepted Quejadas excuse that he had to consult his lawyer before complying with the courts order. Complainant alleged he suspected respondent to be secretly favoring Quejada. Respondent denies the allegations against him. He blames complainant himself for not informing him of Quejadas failure to turn over possession of the subject fishponds after harvest. Respondent explains that, as the only sheriff assigned to Branch 63 of the Calauag RTC, the responsibility of serving summons, complaints, writs, and other court processes, fell on him entirely. With such heavy workload, he just could not keep track of Quejadas promise that he would vacate the property as soon as he had harvested the prawns from the fishpond. Respondent further says that the properties in question are located far from the court and are in the "critical" areas of Quezon province. The Court Administrator, to whom this matter had been referred for investigation, found the complaint meritorious. In his report, dated April 14, 2000, he stated: [4] To begin with, the subject matter of this case is the judgment of the Municipal Trial Court in Civil Case No. C-037 for ejectment dated September 13, 1989 which has become final and executory on October 11, 1989 but remained unexecuted up to the present. Feeling aggrieved, complainant brought to the attention of this office the inordinate delay in the execution of the judgment which he attributes to respondents lack of zeal in executing the same. . In the instant case, respondent, on more than one occasion, had failed to execute the judgment by submitting himself to the whims, caprice and ploy of defendant to delay the d