Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1999 > March 1999 Decisions > A.M. No. P-99-1297 March 25, 1999 - LUDIVINA MARISGA-MAGBANUA v. EMILIO T. VILLAMAR V:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[A.M. No. P-99-1297. March 25, 1999.]

LUDIVINA MARISGA-MAGBANUA, Complainant, v. EMILIO T. VILLAMAR V, Sheriff IV, Regional Trial Court, Branch 45, San Jose Occidental, Mindoro, Respondent.

D E C I S I O N


MENDOZA, J.:


This is a complaint filed by Ludivina Marisga-Magbanua against respondent Sheriff Emilio T. Villamar V of the Regional Trial Court, Branch 45, San Jose, Occidental Mindoro for dereliction of duty in connection with the execution of the decision rendered by the RTC in Civil Case No. R-838, entitled "Ludivina Marisga-Magbanua, assisted by husband Ricardo Magbanua v. Spouses Ignacio Cantonjos and Marietta Cantonjos." The dispositive portion of the decision in that case reads:chanrob1es virtual 1aw library

ACCORDINGLY, therefore, the Court has to render judgment for the plaintiff as against the defendant spouses and orders the latter to vacate the subject lot covered by TCT No. 6804 and to stay ejectment, has to pay P500.00 rental a month to the plaintiff until defendants desire to pay off the plaintiff on the subject lot or until they vacate the same. 1

After the decision had become final and executory, the RTC on October 24, 1996 issued a writ of execution. However, on January 14, 1997, complainant moved for the issuance of an alias writ of execution and order of demolition, alleging that the same was necessary in view of the sheriff’s report showing that "there was failure in implementing the writ of execution" and also because she was in dire need of the property. 2 The RTC granted her motion and on April 17, 1997 issued the alias writ of execution and on May 19, 1997, a writ of demolition. 3

In her complaint, complainant alleges that notwithstanding the foregoing, respondent sheriff still "failed to enforce/implement said execution" when it was his ministerial duty to do so. Complainant, therefore, prayed that "a proper administrative case be filed against" respondent sheriff.chanrobles.com:cralaw:red

In his comment, dated August 21, 1997, 4 respondent sheriff claimed that the property in question was owned in common by the heirs of the late Severino Marisga and Eleuteria dela Cruz-Marisga and that, as such, there was a need for relocation survey of the property to determine the portion owned by complainant before he can enforce the said decision. Respondent sheriff attached to his comment a copy of TCT No. T-6804 showing the registered owners of the property to be as follows:chanrob1es virtual 1aw library

ELEUTERIA CRUZ MARISGA, widow; PRESENTACION MARISGA SUGUITAN, married to Fortunato Suguitan; CON[S]OLACION MARISGA, single; LUDIVINA MARISGA-MAGBANUA, married to Ricardo Magbanua; FLORA MARISGA MANGAHAS, married to Valentino Mangahas (but separated already for many years); SEVERINO MARISGA, Jr., married to Erlinda Estrilla; FILONILA MARISGA CENDAÑA, married to Javier Cendaña and MAMERTO MARISGA, married to Remedios Pura, all Filipinos, of legal age, and residents of Labangan, San Jose, Occidental Mindoro, Philippines. 5

He also filed a joint affidavit, dated May 26, 1997, of Severino Marisga, Jr., Mamerto Marisga, Jr., Ma. Victoria Marisga-Sincua (representing the heirs of Filonila Marisga-Cendaña in which they state:chanrob1es virtual 1aw library

That, our sister [herein complainant] filed a case before the Regional Trial Court, San Jose, Occ. Mindoro entitled Ludivina Marisga Magbanua versus Sps. Ignacio and Marietta Cantonjos without consulting us first considering that the residential lot subject of the case is a common property:chanrob1es virtual 1aw library

That, likewise, we subsequently filed a case against our sister Ludivina Marisga Magbanua for completely disregarding our rights and interest over the aforesaid property entitled Severino Marisga, Jr., Et Al., v. Sps. Ludivina Marisga Magbanua for Recovery of Possession, Annulment of Deed of Sale and Waiver of Rights in Civil Case No. 1018 which is still pending before the Regional Trial Court, Branch 46, San Jose, Occ. Mindoro for property adjudication.

That, during the pendency of the case, we allowed the Sps. Ignacio and Marietta Cantonjos to stay and occupy a certain portion of the land;

That in view of the present situation, we are requesting our sister Ludivina Marisga Magbanua to conduct a resurvey of the property in order to determine our share being co-owners of the land;

That, at this point of time, we believe that the writ of execution and demolition is premature and off-tangent considering our rights and interest will be prejudiced, hence the same must have to be held in abeyance until after the termination of Civil Case No. 1018 filed against our sister Ludivina Marisga Magbanua. 6

Respondent sheriff also alleges that "some of the co-owners are willing to give or donate their shares in favor of the losing party considering that the defendant is a first cousin of [theirs]." He, therefore, prays that the instant complaint be dismissed for lack of merit.

In reply, complainant alleges that the joint affidavit of her alleged co-owners "has no leg to stand on" and that "nowhere in the dispositive portion of the decision sought to be enforced could be found that a relocation survey is needed to ascertain the portion owned by the complainant Ludivina Marisga-Magbanua."cralaw virtua1aw library

In its memorandum, dated February 8, 1999, the Office of the Court Administrator recommends that the case be redocketed as an administrative matter and that respondent be ordered to pay a fine of P3,000.00 with a warning that repetition of a similar offense will be dealt with more severely.

Except for the amount of the fine, the Court finds the recommendation to be well taken.

A reading of the decision in Civil Case No. R-838 shows that complainant’s cause of action is based on her claim that she is the owner of the property by virtue of the Deed of Sale and Waiver of Rights executed in her favor by her co-heirs. 7 Thus, the RTC in rendering its decision limited its adjudication to complainant’s claim of ownership and possession over the subject property vis-a-vis that of defendant spouses Cantonjos.

The decision being clear, it is respondent sheriff’s ministerial duty to implement the same despite the claim of the other heirs of Severino Marisga that they own the subject property in common with complainant. Such a claim in any case apparently is still under litigation in another proceeding, and it does not appear that the other Marisgas have obtained and judicial writ of process to stay execution of the decision in Civil Case No. R-838.chanrobles law library

Respondent Sheriff put up all sorts of excuses to justify his inaction. He did not enforce the first writ of execution on the pretext that defendant spouses had expressed willingness to amicably settle the case with complainant. 8 When handed an alias writ of execution and asked to enforce it, demurred on the ground that a relocation survey was necessary to determine complainant’s share in the subject lot. 9 There was no basis for all his excuses, and it was apparent that he was dragging his feet.

It is almost trite to say that execution is the fruit and end of the suit and is the life of law. 10 A judgment, if left unexecuted, would be nothing but an empty victory for the prevailing party. 11 It, therefore, behooves sheriffs to be zealous in the performance of their duties. Unless restrained by a court order to the contrary, they should see to it that the execution of judgments is not unduly delayed. 12

Respondent sheriff has failed in his duty, as spelled out in the alias writ of execution issued by the RTC, to "cause the execution of the Decision rendered by the Regional Trial Court, Branch 45, San Jose, Occidental Mindoro on August 11, 1994 and the Court of Appeals, Manila on March 5, 1996, in the above-entitled case, which has already become final and executory." 13 And in the writ of demolition to "cause the demolition of whatever constructions/structures made by defendants Ignacio Cantonjos and Marietta Cantonjos, and all other person(s) claiming under their names, on the land and property of plaintiff Sps. Ludivina Marisga-Magbanua and Ricardo Magbanua, covered by TCT No. T-6804 of the Register of Deeds of Occ. Mindoro, located at Labangan, San Jose, Occ. Mindoro, containing an area of 400 sq. meters, more or less, after ten (10) days notice given to them and/or present occupants thereof; if and when they refused to vacate or remove voluntarily whatever constructions/structures they have made on the said lot mentioned above." 14

ACCORDINGLY, as recommended by the Office of the Court Administrator, respondent Sheriff Emilio T. Villamar V, is found GUILTY of dereliction of duty and is FINED in the amount of Two Thousand Pesos (P2,000.00). He is also WARNED that a repetition of the same or similar offense will be dealt with more severely.

SO ORDERED.chanroblesvirtual|awlibrary

Bellosillo, Puno, Quisumbing and Buena, JJ., concur.

Endnotes:



1. RTC Decision dated August 11, 1994 in Civil Case No. R-838, p. 8; Rollo, p. 32.

2. Id., p. 45.

3. Id., pp. 6-7.

4. Id., p. 9.

5. Id., p. 13.

6. Id., p. 12.

7. RTC Decision in Civil Case No. R-838, p. 1; id., p. 25.

8. Sheriff’s Report, dated November 28, 1996; id., p. 46.

9. Comment, dated August 21, 1997; id., p. 10.

10. Villareal v. Rarama, 247 SCRA 493 (1995); Tan v. Herras, 195 SCRA 1 (1991).

11. Jumio v. Egay-Eviota, 231 SCRA 551 (1994).

12. National Bureau of Investigation v. Tuliao, 270 SCRA 351 (1997); Portes v. Tepace, 267 SCRA 185 (1997); Padilla v. Arabia, 242 SCRA 227 (1995); Elipe v. Fabre, 241 SCRA 249 (1995).

13. Rollo, p. 9.

14. Id., p. 6.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





March-1999 Jurisprudence                 

  • G.R. No. 99266 March 2, 1999 - SAN MIGUEL CORP. v. NLRC, ET AL.

  • G.R. No. 117105 March 2, 1999 - TIMES TRANSIT CREDIT COOP. INC. v. NLRC, ET AL.

  • G.R. No. 124320 March 2, 1999 - HEIRS OF GUIDO YAPTINCHAY, ET AL. v. ROY S. DEL ROSARIO, ET AL.

  • G.R. No. 125138 March 2, 1999 - NICHOLAS Y. CERVANTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 125683 March 2, 1999 - EDEN BALLATAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126134 March 2, 1999 - PEOPLE OF THE PHIL v. JOVEN DE LA CUESTA

  • G.R. No. 131047 March 2, 1999 - TOYOTA AUTOPARTS, PHILS., INC. v. BUREAU OF LABOR RELATIONS, ET AL.

  • A.M. No. MTJ-99-1178 March 3, 1999 - COMELEC v. BUCO R. DATU-IMAN

  • A.M. No. P-94-1107 March 3, 1999 - CARMELINA CENIZA-GUEVARRA v. CELERINA R. MAGBANUA

  • G.R. No. 93090 March 3, 1999 - ROMEO CABELLAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 127575 March 3, 1999 - PEOPLE OF THE PHIL. v. HONORIO CANTERE

  • G.R. No. 127801 March 3, 1999 - PEOPLE OF THE PHIL. v. SAMUEL YU VALDEZ

  • G.R. No. 130347 March 3, 1999 - ABELARDO VALARAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134096 March 3, 1999 - JOSEPH PETER S. SISON v. COMELEC

  • A.M. No. P-99-1286 March 4, 1999 - CONCEPCION L. JEREZ v. ARTURO A. PANINSURO

  • G.R. No. 108027 March 4, 1999 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 111676 March 4, 1999 - SILVINA TORRES VDA. DE CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 117213 March 4, 1999 - ARMANDO DE GUZMAN v. MARIANO ONG, ET AL.

  • G.R. No. 122539 March 4, 1999 - JESUS V. TIOMICO v. COURT OF APPEALS, ET AL.

  • G.R. No. 123936 March 4, 1999 - RONALD SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 132648 March 4, 1999 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 133563 March 4, 1999 - BRIDGET BONENG v. PEOPLE OF THE PHIL.

  • G.R. No. 123792 March 8, 1999 - MIRIAM DEFENSOR SANTIAGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 125537 March 8, 1999 - PEOPLE OF THE PHIL v. JOSE MAGLANTAY

  • A.C. CBD No. 167 March 9, 1999 - PRUDENCIO S. PENTICOSTES v. DIOSDADO S. IBAÑEZ

  • Adm. Matter No. MTJ-99-1175 March 9, 1999 - VICTORINO CRUZ v. REYNOLD Q. YANEZA

  • G.R. No. 108532 March 9, 1999 - PABLITO TANEO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115741 March 9, 1999 - HEIRS OF JOAQUIN ASUNCION v. MARGARITO GERVACIO, JR., ET AL.

  • G.R. No. 121587 March 9, 1999 - SOLEDAD DY v. COURT OF APPEALS, ET AL.

  • G.R. No. 126123 March 9, 1999 - PEOPLE OF THE PHIL. v. RENATO PLATILLA

  • G.R. No. 128721 March 9, 1999 - CRISMINA GARMENTS, INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-94-1106 March 10, 1999 - ADALIA B. FRANCISCO v. ROLANDO G. LEYVA

  • Adm. Matters No. RTJ-98-1423 March 10, 1999 - ROMAN CAGATIN, ET AL. v. LEONARDO N. DEMECILLO

  • G.R. No. 95815 March 10, 1999 - SERVANDO MANGAHAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 120163 March 10, 1999 - PEOPLE OF THE PHIL. v. DATUKON BANSIL

  • G.R. No. 120971 March 10, 1999 - TAGGAT INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. No. 123426 March 10, 1999 - NAT’L. FEDERATION OF LABOR v. BIENVENIDO E. LAGUESMA

  • G.R. No. 126874 March 10, 1999 - GSIS v. ANTONIO P. OLISA

  • G.R. No. 127123 March 10, 1999 - PEOPLE OF THE PHIL. v. JOSEPH LAKINDANUM

  • G.R. No. 129442 March 10, 1999 - FEDERICO PALLADA, ET AL. v. RTC OF KALIBO, ET AL.

  • G.R. No. 129824 March 10, 1999 - DE PAUL/KING PHILIP CUSTOMS TAILOR, ET AL. v. NLRC, ET AL.

  • A.M. No. P-99-1293 March 11, 1999 - EMILIO DILAN, ET AL. v. JUAN R. DULFO

  • G.R. No. 95326 March 11, 1999 - ROMEO P. BUSUEGO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106518 March 11, 1999 - ABS-CBN SUPERVISORS EMPLOYEES UNION MEMBERS v. ABS-CBN BROADCASTING CORP., ET AL.

  • G.R. Nos. 108440-42 March 11, 1999 - PEOPLE OF THE PHIL. v. VICENTE MERCADO

  • G.R. No. 109721 March 11, 1999 - FELIX A. SAJOT v. COURT OF APPEALS, ET AL.

  • G.R. No. 109979 March 11, 1999 - RICARDO C. SILVERIO, SR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119157 March 11, 1999 - GOLDEN THREAD KNITTING INDUSTRIES, ET AL. v. NLRC, ET AL.

  • G.R. No. 125590 March 11, 1999 - BIOMIE S. OCHAGABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127004 March 11, 1999 - NAT’L. STEEL CORP. v. RTC OF LANAO DEL NORTE, ET AL.

  • G.R. No. 127663 March 11, 1999 - PEOPLE OF THE PHIL. v. ROLANDO VALDEZ

  • G.R. No. 132250 March 11, 1999 - ROSALIA P. SALVA, ET AL. v. COURT OF APPEALS, ET. AL.

  • G.R. No. 123982 March 15, 1999 - PEOPLE OF THE PHIL. v. LEONARDO K. JOYNO

  • G.R. No. 134188 March 15, 1999 - NUR G. JAAFAR v. COMELEC, ET AL.

  • G.R. No. 61508 March 17, 1999 - CITIBANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111704 March 17, 1999 - PEOPLE OF THE PHIL. v. GEORGE DE LA CRUZ

  • G.R. No. 115693 March 17, 1999 - PEOPLE OF THE PHIL. v. SILVERIANO BOTONA

  • G.R. No. 119347 March 17, 1999 - EULALIA RUSSELL, ET AL. v. AUGUSTINE A. VESTIL, ET AL.

  • G.R. No. 120751 March 17, 1999 - PHIMCO INDUSTRIES v. JOSE BRILLANTES, ET AL.

  • G.R. No. 125311 March 17, 1999 - PEOPLE OF THE PHIL. v. ONYOT MAHINAY, ET AL.

  • G.R. No. 129695 March 17, 1999 - PEOPLE OF THE PHIL. v. EDUARDO TABONES, ET AL.

  • G.R. No. 130380 March 17, 1999 - HEIRS OF GAUDENCIO BLANCAFLOR v. COURT OF APPEALS, ET AL.

  • G.R. No. 115006 March 18, 1999 - PEOPLE OF THE PHIL. v. GREGORIO MARCOS

  • G.R. No. 119756 March 18, 1999 - FORTUNE EXPRESS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127542 March 18, 1999 - PEOPLE OF THE PHIL. v. CHENG HO CHUA

  • G.R. No. 128682 March 18, 1999 - JOAQUIN T. SERVIDAD v. NLRC, ET AL.

  • A.M. No. 97-6-182-RTC March 19, 1999 - RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN RTC, BRANCH 68

  • G.R. No. 96262 March 22, 1999 - COMMISSIONER OF INTERNAL REVENUE v. EMBROIDERY AND GARMENTS INDUSTRIES (PHIL.)

  • G.R. No. 116738 March 22, 1999 - PEOPLE OF THE PHIL. v. RODRIGO DOMOGOY, ET AL.

  • G.R. No. 126286 March 22, 1999 - PEOPLE OF THE PHIL. v. ROGER VAYNACO, ET AL.

  • G.R. No. 126714 March 22, 1999 - PEOPLE OF THE PHIL. v. ERNESTO MARCELO

  • G.R. No. 127523 March 22, 1999 - LEONCIA ALIPOON, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-99-1296 March 25, 1999 - DANIEL CRUZ v. CLERK OF COURT, ET AL.

  • A.M. No. P-99-1297 March 25, 1999 - LUDIVINA MARISGA-MAGBANUA v. EMILIO T. VILLAMAR V

  • G.R. No. 96740 March 25, 1999 - VIRGINIA P. SARMIENTO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103953 March 25, 1999 - SAMAHANG MAGBUBUKID NG KAPDULA v. COURT OF APPEALS, ET AL.

  • G.R. No. 112088 March 25, 1999 - PEOPLE OF THE PHIL. v. RONALDO ALMADEN

  • G.R. Nos. 116741-43 March 25, 1999 - PEOPLE OF THE PHIL. v. EDWIN MONTEFALCON

  • G.R. No. 117154 March 25, 1999 - PEOPLE OF THE PHIL. v. ERNESTO A. BORROMEO

  • G.R. No. 119172 March 25, 1999 - BELEN C. FIGUERRES v. COURT OF APPEALS, ET AL.

  • G.R. No. 120505 March 25, 1999 - AIUP, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 122966-67 March 25, 1999 - PEOPLE OF THE PHIL. v. EDGAR S. ALOJADO

  • G.R. No. 123160 March 25, 1999 - PEOPLE OF THE PHIL. v. CARLOS BATION

  • G.R. No. 124300 March 25, 1999 - PEOPLE OF THE PHIL. v. RENANTE ROBLES

  • G.R. No. 125053 March 25, 1999 - PEOPLE OF THE PHIL. v. CHRISTOPHER CAÑA LEONOR

  • G.R. Nos. 126183 & 129221 March 25, 1999 - LUZVIMINDA DE LA CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126916 March 25, 1999 - PEOPLE OF THE PHIL. v. NOLINO BACONG MANAGAYTAY

  • G.R. No 127373 March 25, 1999 - ENERGY REGULATORY BOARD, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127662 March 25, 1999 - PEOPLE OF THE PHIL. v. ANTONIO V. ERIBAL

  • G.R. No. 127708 March 25, 1999 - CITY GOVERNMENT OF SAN PABLO, ET AL. v. BIENVENIDO V. REYES, ET AL.

  • G.R. No. 128386 March 25, 1999 - PEOPLE OF THE PHIL. v. JUDITO ALQUIZALAS

  • G.R. No. 130491 March 25, 1999 - PEOPLE OF THE PHIL. v. ROBERTO MENGOTE

  • G.R. No. 130872 March 25, 1999 - FRANCISCO M. LECAROZ, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 131108 March 25, 1999 - ASIAN ALCOHOL CORP. v. NLRC, ET AL.

  • G.R. No. 132980 March 25, 1999 - REPUBLIC OF THE PHIL. v. GLADYS C. LABRADOR

  • G.R. No. 133107 March 25, 1999 - RCBC v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-96-1082 & 98-10-135-MCTC March 29, 1999 - MARCELO CUEVA v. OLIVER T. VILLANUEVA

  • A.M. No. P-94-1015 March 29, 1999 - JASMIN MAGUAD, ET AL. v. NICOLAS DE GUZMAN, ET AL.

  • G.R. No. 93291 March 29, 1999 - SULPICIO LINES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113150 March 29, 1999 - HENRY TANCHAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 122827 March 29, 1999 - LIDUVINO M. MILLARES, ET AL. v. NLRC, ET AL.

  • G.R. No. 125129 March 29, 1999 - JOSEPH H. REYES v. COMMISSION ON AUDIT

  • G.R. No. 129058 March 29, 1999 - PEOPLE OF THE PHIL. v. PAULINO SEVILLENO

  • G.R. No. 131124 March 29, 1999 - OSMUNDO G. UMALI v. TEOFISTO T. GUINGONA JR., ET AL.

  • G.R. No. 123540 March 30, 1999 - PEOPLE OF THE PHIL. v. DELFIN AYO