A.M. No. P-04-1768 (Formerly A.M. OCA No. 02-1305-P) - FILOMENA MENESES, COMPLAINANT, VS. ALBERTA S. ZARAGOZA, SHERIFF III, METC, BRANCH 45 PASAY CITY.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against the defendant ordering the latter and all persons claiming rights under him to: 1. Vacate the aforementioned property described as Lot 24, Block 15 located at 1821 Tramo Street, Pasay City; 2. Pay fair rental on the subject lot pegged at the rate of P1,500.00 a month from September 15, 1990 until the property shall have been actually vacated; 3. Pay attorneys fees in the amount of P10,000.00; and 4. Pay the cost of the suit. SUCGANG, the defendant in the ejectment case, appealed the adverse decision to the RTC. The RTC affirmed en toto the decision of the MeTC. SUCGANG, not satisfied with the decision of the RTC, went to the Court of Appeals and finally to the Supreme Court. However, the appellate courts dismissed his petitions. In the meantime, during the pendency of the appeal, SUCGANG posted a supersedeas bond for ONE HUNDRED SEVENTY EIGHT THOUSAND (P178,000.00) PESOS. On 13 April 2000, JUDGE LAGUILLES, granted the motion of MENESES for the issuance of a writ of execution to release the supersedeas bond posted by the defendant in favor of the plaintiff in the total amount of ONE HUNDRED SEVENTY EIGHT THOUSAND (P178,000.00) PESOS (Annex A, complainants memorandum). This Order was not executed because SUCGANG appealed to the Court of Appeals where the records of the case were elevated. On 02 July 2001, JUDGE LAGUILLES reiterated the Order dated 13 April 2000, (Annex B, complainants memorandum). On 16 July 2001, MENESES, through her counsel, filed an Ex-Parte Motion To Appoint A Special Sheriff (Annex D, complainants memorandum), alleging among others that: That the sheriff assigned to this Honorable Court appears to have his hands full with other writs of execution previously issued, and most of the time he is not available, as he also follows up cases outside Metro Manila. As a consequence, he cannot probably follow up the issuance of the Writ of Execution in the above-entitled case and the subsequent service of the said writ with the bonding company. On 24 July 2001, ZARAGO[Z]A sent a notice to the insurance company to pay the amount of ONE HUNDRED SIXTY THOUSAND (P160,000.00) PESOS (Annex C, complainants memorandum). On 11 September 2001, MENESES received ONE HUNDRED SIXTY THOUSAND (P160,000.00) PESOS from SUCGANG, the supersedeas bond (Exhibit C). On 27 September 2001, ZARAGO[Z]A submitted his partial report (Annex E, complainants memorandum) which reads as follows: WHEREAS, on September 20, 2001, the undersigned Sheriff served the copy of Writ of Execution and Notice to vacate giving the defendant to vacate the premises subject of this case within five days to voluntarily vacate the premises. After the lapse of five days the undersigned Sheriff went to the address of the defendant and was found out that the said defendant was not able and still refused to vacate the premises. On 15 November 2001, JUDGE LAGUILLES, granted the motion of MEN