G.R. No. 190043 - SANTOS-YLLANA REALTY CORPORATION, VS. SPOUSES RICARDO DEANG AND FLORENTINA DEANG.DECISION - Supreme Court E-Library

Ruling

accordingly issued. [5] Respondents moved to quash the Writ of Execution on February 26, 1998. On even date, Sheriff Allen Sicat (Sheriff Sicat) of the Regional Trial Court (RTC) of Angeles City implemented the Writ of Execution and padlocked respondents' stall. The stall, however, was ordered reopened by the MTC within the same day due to the pendency of the Motion for Reconsideration. [6] During the hearings on the Motion for Reconsideration, respondents reiterated their claim that they had already paid the rental arrearages and other fees and charges due to petitioner; hence, the Motion for Execution should be rendered moot and academic. [7] On June 3, 1998, the Angeles MTC issued an Order upholding the Writ of Execution and commanding the sheriff to immediately implement the same. Consequently, on June 5, 1998, Daniel Pangan, Sheriff III of the MTC (Sheriff Pangan), implemented the writ and padlocked respondents' stall, viz: Whereas, on June 5, 1998, the undersigned implemented the said Writ of Execution by padlocking the subject premises in question located at H-6 Santos-Yllana Shopping Center, Miranda St., Angeles City, together with the representative of the [petitioner] on the same date (June 5, 1998) the undersigned officially turned-over the subject premises to the plaintiff, duly acknowledged receipt by the plaintiff's representative, Juanita de Nucum. [8] Aggrieved by the implementation of the Writ of Execution, respondents filed a Complaint for Damages with Prayer for Injunctive Relief against petitioner and Sheriffs Sicat and Pangan before the Manila RTC, Branch 44, alleging that the Writ of Execution was illegally implemented. They claim to have suffered damages as a result of the illegal closure of their stall since important documents, checks, money, and bank books, among others, were locked inside the stall and could not be retrieved, thereby preventing them from operating their business, and causing their business to suffer and their goodwill to be tarnished. Respondents, thus, prayed that judgment be rendered ordering petitioner to pay them P500,000 as actual damages, P250,000 as moral damages, P250,000 as exemplary damages, and P100,000 as attorney's fees, plus P3,000 per appearance fee per hearing. [9] Ruling of the RTC The trial court observed that the undue haste by which the Angeles MTC issued the Writ of Execution violated respondents' right to due process and to question the propriety of the issuance of the Writ. Consequently, it held that the enforcement of the Writ was tainted with malice and bad faith on the part of petitioner. [10] Due to the illegal closure of their business, respondents' personal properties were detained inside the stall, causing them to incur actual damages and unrealized profit derived from daily sales of P1,000 or a total amount of P500,000. Accordingly, the RTC of Manila, Branch 44 rendered a Decision, [11] finding for respondents and adjudged petitioner, as well as Sheriffs Sicat and Pangan,