Sarigumba vs Pasok

155 SCRA 646
1987

FACTS
On February 25, 1985, Pasok, deputy sheriff of Ozamis City, enforced in Ozamis Occidental a writ of preliminary injunction issued by a Makati RTC. Immediately thereafter, he turned over the possession of the personal properties to the plaintiffs. He then shipped from Ozamis to Manila, in his name, the personal properties taken under the writ upon the request of plaintiffs in Civil Case No. 9172.

ISSUE
Is Pasok guilty of misconduct to warrant removal from office?

HELD
Yes. Pasok's enforcement of the writ was irregular even if there was an order from said Makati court authorizing respondent to enforce the writ. As a Court Officer, respondent ought to have known that a writ of preliminary injunction issued by a RTC may be enforced pnly within its region. Moreover, prudence dictated that Pasok should have first cleared with the Executive Judge or the Clerk of Court in Ozamis City whether he had the authority to implement in Misamis Occidental the writ of preliminary injunction issued by the Makati RTC. He had failed to do this wothout any explanation.
It should be noted that as of February 25, 1985, respondent's duties/functions as special sheriff (apart from the irregularity in their performance), to enforce the writ of preliminary injunction, ceased. He had no business to ship to the plaintiffs in Manila the properties that he had already turned over to the plaintiffs. Clearly therefore, the shipping of the personal properties to Manila is an uncalled for “extra service” to the plaintiffs in Civil Case No. 9172. It gives rise to the reasonable conclusion that respondent went out of his way to unduly favor the plaintiffs in Civil Case No. 9172 particularly when related to the fact that he implemented the writ of preliminary injunction issued in said case, in excess of, or beyond his authority.

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