Sheriff in failed eviction fined

The Supreme Court has fined a sheriff P18,000 for failing to enforce an eviction order by a lower court in 2018 and 2019.

The SC’s Second Division adopted the recommendation of the Judicial Integrity Board to punish Cresencio G. Gomez, Jr., Sheriff IV of Branch 57, Regional Trial Court, Guimbal, Iloilo after finding him guilty of simple neglect of duty.

“Sheriffs ought to know that they have a sworn responsibility to serve writs of execution with utmost dispatch. When writs are placed in their hands, it is their ministerial duty to proceed with reasonable celerity and promptness to execute them in accordance with their mandate. Unless retained by a court order, they should see to it that the execution of judgments is not unduly delayed,” according to SC’s decision.

The decision stemmed from a complaint filed against Gomez by Alex T. Nulada on 3 January 2019, alleging that the sheriff failed to deliver to the latter the possession of a building despite a writ of possession in Nulada’s favor.

The writ of possession, issued by the Municipal Trial Court in Miagao, Iloilo on 19 February 2018, gave the then occupants, spouses Orlando and Pureza Paulma, 15 days to vacate the building.

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