RESIDENTS/SIMILARLY SITUATED, ALL ARE THE CONSTITUENTS OF THE “WE, THE SOVEREIGN FILIPINO PEOPLE” MOVEMENT FOR RULE OF LAW, UNDER `CLASS SUIT’, COMPLAINANTS, VS. EDGARDO S. LORIA, DEPUTY SHERIFF, BRANCH 33, METC, QUEZON CITY; CELESTINA D. ROTA, BRANCH CLERK OF COURT, BRANCH 34, METC, QUEZON CITY, AM

Ruling

Wherefore, let Writ of Demolition issue in the above entitled case, commanding the Deputy Sheriff of this Court to demolish and remove the improvements/structures of defendants mentioned in the decision on the subject property at Sitio II, Campo 2, Barangay Talipapa, Novaliches, Quezon City covered by TCT Nos. 42022, 154969, 167534, 167536, RT-74322 (293059) and 346099 of the Register of Deeds of Quezon City, and to place plaintiff in full enjoyment and possession of the same with the directive that in the implementation of this Order, all the necessary precaution, pertinent laws, rules and regulations shall be observed particularly sub par. 1 to 8 of Section 28 of Art. VII of RA 7279. On the other hand, the writ of demolition issued by respondent Rota reads as follows: `NOW THEREFORE, pursuant to pertinent laws, rules and regulations you are commanded to cause the demolition of the decision in the above-entitled case and is allowed/authorized to remove the improvements/structures of all persons refusing to vacate in the subject property at Sitio III, Campo 2, Barangay Talipapa, Novaliches, Quezon City, covered by TCT Nos. 142022, 154969, 167534, 167536, RT-74322 (29059) and 346099 of the Register of Deeds of Quezon City in order to place the plaintiff in full enjoyment and possession of the subject premises. (Rollo, p. 69) The difference between the order and the writ of demolition is clearly apparent. The order directs the sheriff to demolish the improvements/structures only of the defendants mentioned in the decision while the writ of demolition commanded the sheriff to remove improvements/structures of all persons refusing to vacate the subject property. This is not to say that it was because of this error that the houses of complainants were demolished. This matter will be fully discussed when we come to the charges against respondent sheriff, but at this point it is sufficient to state that the writ of demolition issued by respondent Rota varied the terms of the order dated 25 January 2001. The other charges against respondent Rota are devoid of merit. She was justified in not issuing a certificate that judgment has been fully satisfied because the sheriff did not as yet make a Sheriffs Return, hence she has no basis for issuing the certificate. As to her alleged failure to give the sheriff advance notice of the order dated 23 March 2001 so that the demolition could have been aborted, and to furnish complainants a copy of the said order or to inform the Presiding Judge of the motion filed by them, these charges should be dismissed for being unsubstantiated. The main accusation against respondent sheriff Edgardo Loria revolves around the implementation of the writ of demolition against the complainants. It is true that a judgment can be executed only against the defendants and herein complainants are not individually listed in the complaint for ejectment. However, the said complaint is not only against the named defendants therein b