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[OCA IPI No. 02-1375-P.September 4, 2002]

SABESAJE vs. SUARIN

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 04 SEPT 2002.

OCA�� IPI No. 02-1375-P(Sylvia P. Sabesaje vs. Edilberto Suarin.)

In its Report to this Court dated 11 July 2002, the Office of the Court Administrator (OCA) states that, because of the failure of complainant to choose which properties were to be executed, respondent sheriff -- "acting for the judgment creditor" -- exercised the choice. Since complainant did not object to this method, respondent argues that complainant can no longer hold him liable administratively.

Under the Revised Rules of Civil Procedure (Par. e, Sec. 12, Rule 39), household furniture and utensils are exempt from execution in an amount not exceeding one hundred thousand pesos. Respondent's claim that it was within his prerogative to choose which properties to exempt provided the value does not exceed this sum is incorrect since the choice is to be premised on the nature of the property, not merely on the value thereof. True, complainant did not make any timely objection but this did not mean that respondent exercised his prerogatives properly. He should update himself on the issuances and pronouncements of this Court and the OCA so this incident would not be repeated in the future.

WHEREFORE, respondent is ADMONISHED to be more circumspect in the discharge of his duties and responsibilities in the future and is ADVISED to update himself with the recent Rules on levy and execution. He is WARNED that a repetition of this or similar infractions will be dealt with more severely.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court

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