A.M. No. P-02-1580 - RENE ESPINA AND CEBU DISCOVERY BAY PROPERTIES, INC., COMPLAINANTS, VS. JUAN A. GATO.

Ruling

WHEREFORE, we command you to collect the attorneys fees fixed by the court at P9 million pesos from the plaintiffs in this case, which is due from the buyer to the sellers under the agreement to buy and sell, plus the legal fees for the service of this writ, after payment of the sheriffs fees to the official Cashier of the Sheriffs Office. Thereafter, you shall render your report of the action you shall have taken on this writ within the period fixed by the rules. [1] On October 23, 1997, respondent sheriff, to satisfy the abovementioned writ of execution, levied upon the rights, shares, interests and participation of the plaintiffs over the property under TCT Nos. 36425 and 36426. This he did, despite the fact that the writ of execution issued by the trial court specifically directed that the attorneys fees were to be taken from the money due from the buyer to the sellers under the agreement to buy and sell. Respondent issued a notice of sale on execution dated October 24, 1997, which stated that the property would be sold at a public auction on November 28, 1997 at 2 oclock in the afternoon. A third party claim with the office of respondent sheriff was filed by complainant Rene Espina for himself and on behalf of CDPI on November 18, 1997. On November 28, 1997, the subject properties were sold at public auction to Attys. Juaban and Zosa for P9 million. A certificate of sale was issued in favor of Attys. Juaban and Zosa and the same was registered with the Registry of Deeds on December 3, 1997, in accordance with Section 25, Rule 39 of the Rules of Court. However, before the lapse of the one-year period of redemption under Section 33 of Rule 39 of the Rules of Court, or on December 1, 1998, the trial court issued an order setting aside the order dated October 10, 1997, which considered as final and executory the order of August 26, 1997. The dispositive portion of the order states: WHEREFORE, in view of the foregoing premises, this Court hereby sets aside the order issued in this case on October 10, 1997, which considered as final and executory the 26 August 1997 order and, in its stead, hereby gives due course to the appeal filed by the plaintiffs-movants from the order issued in this case on 22 September 1997 which in effect is an appeal from the said 26 August 1997 order. [2] On January 27, 1999, Attys. Juaban and Zosa wrote a letter to respondent requesting him to execute a final deed of sale in their favor since no redemption was made. Respondent, in a letter dated February 4, 1999, answered that he no longer had any authority to issue the final deed of sale by virtue of the December 1, 1998 order. However, despite this knowledge, respondent still transmitted to Attys. Juaban and Zosa the Final Deed of Conveyance without the approval of the court. His letter said: Dear Sir[s]: Pursuant to your letter of January 27, 1999 undersigned prepared the Sheriffs Definite Deed of Sale over the properties sold at public auction on November 28,