VICENTE DE LA CRUZ, JOHNNY SANOY, ARTEMIA LEGUARDA, FRANCISCO GAZO, GERMAN BUTRON, ROSA JUMAWAN, VIRGIE ESTRADA, CLIMACO PATOC, AND RUTH CALAYO, C O M P L A I N A N T S, VS. EXPEDITO B. BATO, SPO1 JERRY CAMARADOR, PO3 SAMUEL ANSOK, PO3 LUIS LAKANDULA, SPO3 AUREA, JOHN DOES, MTCC, BRANCH 1, DUMAGUETE

Ruling

WHEREFORE, judgment is hereby rendered in favor of the plaintiffs and against the defendants (except Aurora Villamil and Alfredo Eran and Lita Eran) as follows: Ordering defendants, members of their respective families and all persons acting in their behalf to vacate from the premises of the land (Lot No. 710 and Lot No. 711-B) and house involved in this case; Ordering defendants to pay plaintiffs the sum of P200.00 a month as rental for each of the house of the defendants from the respective dates they received the letter of demand until they finally vacate the premises; Ordering defendants to demolish or remove their respective houses from the land of the plaintiffs, except that which is occupied by defendants Vicente and Minda de la Cruz for being owned by plaintiffs; Ordering each defendant to pay plaintiffs the sum of P3,000.00 as Attorneys fees; and Ordering defendants to pay the costs of the suit. Defendants counterclaim is dismissed for lack of merit. On 06 May 2003, the family of Eufemio Diaz filed a motion for issuance of a writ of execution and writ of demolition to enforce said judgment. The motion for issuance of the writ of execution was granted [3] but the motion for writ of demolition was denied. On 02 July 2003, Jesus L. Kadusale, Jr., Branch Clerk of Court of MTCC of Dumaguete City, Branch 1, issued an order [4] directing the City Sheriff of Dumaguete City to implement the writ of execution. On 03 July 2003 and 07 July 2003, respondent sheriff went to Lot 710 to implement the writ. On these two occasions, complainants alleged they showed to respondent sheriff: (1) a certification of the pendency of Civil Case No. 10829; and (2) their lease contracts with the heirs of Joaquina Llorente. They claimed respondent sheriff ignored said documents and threatened to padlock their respective homes. [5] On 16 July 2003, respondent sheriff returned to the lot accompanied by two (2) carpenters and four (4) armed policemen and padlocked complainants houses. At ten oclock in the morning of the same day, a conference was conducted attended by complainants and respondent sheriff. Complainants explained that respondent sheriff was not authorized to padlock because they have their lease contracts from the heirs of Joaquina Llorente. Respondent sheriff refused to heed anyone and openly declared that Mo-padlock ko karong adlawa. Walay makapugong nako (I will padlock today. No one can stop me). They added that complainants lawyer even talked with respondent sheriff and told him that they were in the process of filing a motion for reconsideration of the order directing the issuance of the writ of execution. Complainants likewise said they talked to Clerk of Court Jesus Kadusale, Jr., who agreed to hold the execution with the assurance that their lawyer would file the said motion that afternoon. This notwithstanding, respondent sheriff at around 12:00 oclock in the afternoon proceeded to padlock the doors of complainants dwellings and placed