[1] All
Clerks
of Court, who are also ex officio Sheriffs, and/or their Deputy
Sheriffs shall serve all Court processes and execute all writs of their
respective Courts within their territorial jurisdiction;
[2] All
Clerks of
Court of the Metropolitan Trial Court and Municipal Trial Courts in
Cities,
and/or their Deputy Sheriffs shall serve all Court processes and
execute
all writs of their respective Courts within their territorial
jurisdiction;
[3] The
Judge of
the Regional Trial Court, Metropolitan Trial Court, and the Municipal
Trial
Court in Cities, in the absence of the Deputy Sheriff appointed and
assigned
in his sala, may at any time, designate any of the Deputy Sheriffs in
the
office of the Clerk of Court. However, the said Judge shall not be
allowed
to designate the Deputy Sheriff of another branch without first
securing
the consent of the Presiding Judge thereof;
[4] All
Sheriffs
and Deputy Sheriffs shall submit a report to the Judge concerned on the
action taken on all writs and processes assigned to them within ten
(10)
days from receipt of said process or writ. Said report shall form part
of the records of the case;
[5] No
Sheriff or
Deputy Sheriff shall execute a Court writ outside his territorial
jurisdiction
without first notifying in writing, and seeking the assistance of, the
sheriff of the place where the execution shall take place;
[6] No
Sheriff or
Deputy Sheriff shall act as Special Deputy Sheriff of any party
litigant;
[7] The
Judge may
be allowed to designate or deputize any person to serve Court processes
and writs in remote areas in the absence of the regular Sheriff thereat;
[8] The
Sheriff is
primarily responsible for the speedy and efficient service of all Court
processes and writs originating from his Court and the branches
thereof,
and those that may be delegated to him from other Courts. He shall
submit
to the Office of the Court Administrator, Supreme Court, a monthly
report
which shall indicate therein the number of writs and processes issued
and
served as well as the number of writs and processes unserved during the
month, and the names of Deputy Sheriffs who executed each writ.
Unserved
writs and processes shall be explained in the report.cralaw:red
