Monday, February 14, 2011

Execution by the Sheriff

A sheriff's duty in the execution of a writ issued by a court is purely ministerial. When a writ is placed in the hands of the sheriff, it is his duty, in the absence of instructions, to proceed with reasonable promptness to execute it according to its mandate. The lifetime of a writ of execution is without limit for as long as the judgment has not been satisfied, but is returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in full within thirty (30) days after receipt of the writ, the sheriff shall report to the court and state the  reason therefore. The Sheriff is mandated to make a report to the court every thirty (30) days on the proceedings taken thereon until judgment is satisfied in full. Sheriffs must exert every effort to see to it that the final stage in the litigation process is carried out in order to ensure a speedy and efficient administration of justice. A decision left unexecuted or indefinitely delayed due to their inefficiency renders it useless. Worse, the parties prejudiced by the inaction tend to condemn the entire judicial system for the lapse (German Agunday v. Lemuel Velasco, A.M. No. P-05-2003. December 6, 2010).

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