A.M. No. P-04-1887 (Formerly OCA IPI No. 03-1645-P) - BERNABE B. ALABASTRO, C O M P L A I N A N T, VS. SAMUEL D. MONCADA, SR., SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 17, DAVAO CITY, R E S P O N D E N T.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the petition is DENIED. The decision of the Court of Appeals of 31 January 1995 affirming the orders of the trial court is AFFIRMED. Petitioners are directed to deliver the possession of the eleven (11) crates of plywood to private respondents, or in case of loss or inability to restore possession thereof as required, to pay private respondents the declared value thereof in the amount of P140,000.00, and to pay private respondent Firmwood Development Corporation (FIRMWOOD) attorneys fees of P20,000.00 plus P805.00 for filing fee, Judiciary Development Fund and sheriffs fee, and also to respondent Sta. Clara Housing Industries, Inc., (STA. CLARA) attorneys fees of P30,000.00 as fixed by the trial court. Costs against petitioner. [3] As a consequence, the trial court issued on 02 October 2000 a writ of execution [4] in Civil Case No. 18,841-87. On 03 October 2000, respondent Samuel D. Moncada, Sr., Sheriff IV, assigned at RTC, Branch 17, implemented the said writ. Thereafter, he submitted to the Court a Sheriffs Return Service, [5] which in part states: Respectfully returned to the Honorable Court, Regional Trial Court, 11 th Judicial Region, Branch 17, Hall of Justice, Ecoland, Matina, Davao City, herewith original Writ of Execution dated October 2, 2000, issued in the above-entitled case, with the information that the undersigned prepared a letter of demand requesting the Manager of the Philippine National Bank, Davao City regarding the cash deposit of the defendant Alabastro who posted the counterbond as required under Section 5, Rule 60 of the Rules of Court, evidenced by PNB Savings Account No. 148042 and turned over to the undersigned. That on October 3, 2000, the Manager of the Philippine National Bank, Davao City, turned over to the undersigned the sum of ONE HUNDRED NINETY THOUSAND EIGHT HUNDRED FIVE (P190,805.00) PESOS, Philippine Currency classified as follows: P140,000.00 - private respondent Firmwood Development Corporation and duly received by Mr. Rudyard Diploma as representative 20,000.00 - Atttorneys fees 805.00 - Filing Fee, Judiciary Development Fund and Sheriffs fee __________ P20,805.00 - Total amount which (sic) also received by Mr. Rudyard Diploma as representative P30,000.00 - Attorneys fees under check No. Pay to Sta. Clara Housing Industries, Inc. That the money judgment under Writ of Execution was duly satisfied. Davao City, Philippines, October 3, 2000. (SGD)SAMUEL D. MONCADA Sheriff IV On 30 October 2000, respondent filed a manifestation [6] stating, among other things, that the amount of One Hundred Ninety Thousand Eight Hundred Five Pesos (P190,805) was turned over to him by the Manager of the Philippine National Bank (PNB) of Davao City. On 23 July 2001, complainant filed an Ex Parte Motion To Withdraw Bank Deposit, [7] praying that his passbook with the PNB under Account No. 148042 be returned to him, and that he be allowed to withdraw whatever remained in his bank account considering that the judg