SUPREME COURT DECISIONS

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Endnotes:

1 Rollo, pp. 1-3.

2 Rollo, Annex B of the Complaint.

3 Rollo, Annex C of the Complaint.

4 Rollo, p. 2.

5 Ibid.

6 Ibid.

7 Ibid.

8 Ibid.

9 2nd Indorsement, March 24, 1998, pp. 1-2.

10 2nd Indorsement, March 25, 1998, pp. 1-2.

11 Id. at 2.

12 Ibid.

13 Sec. 9, last par., In addition to the fees hereinabove fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriffs expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriffs expenses shall be taxed as costs against the judgement debtor.

14 Report of OCA, p. 5.

15 Bercasio v. Benito, 275 SCRA 405, 411 (1997); See Sec. 9, Rule 141, Rules of Court:

SEC. 9. Sheriffs and other persons serving processes.-

(a) For serving summons and copy of complaint, for each defendant, fifty (P50.00) pesos;

(b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty (P20.00) pesos;

(c) For executing a writ of attachment against the property of defendant, fifty (P50.00) pesos;

(d) For serving a temporary restraining order, or writ of injunction, preliminary or final, of any court, fifty (P50.00) pesos;

(e) For executing a writ of replevin, fifty (P50.00) pesos;

(f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond, twenty (P20.00) pesos;

(g) For executing a writ or process to place a party in possession of real estate, one hundred (P100.00) pesos;

(h) For advertising a sale, besides cost of publication, fifty (P50.00) pesos;

(i) For taking inventory of goods levied upon when the inventory is ordered by the court, one hundred (P100.00) pesos per day of actual inventory work;

(j) For levying on execution on personal or real property, fifty (P50.00) pesos;

(k) For issuing a notice of garnishment, for each notice, twenty (P20.00) pesos;

(l) For money collected by him by order, execution, attachment, or any other process, judicial or extrajudicial, the following sums, to wit:

 

1. On the first four thousand (P4,000.00) pesos, four (4%) per centum.

2. On all sums in excess of four thousand (P4,000.00) pesos, two (2%) per centum.

In addition to the fees hereinabove fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriffs expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriffs expenses shall be taxed as costs against the judgment debtor.

16 See Caseares v. Almeida, Jr., 324 SCRA 388, 395 (2000).

17 Evangelista v. Penserga, 242 SCRA 702, 709 (1995), citing Eduarte v. Ramos, A.M. No. P-94-1069, 238 SCRA 36, 41 (1994).




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