Irregular implementation

This is another case of a court sheriff. Court sheriffs are “in the grassroots of the judicial machinery” and in “close contact with litigants”, hence they should all the more maintain the prestige and integrity of the court. But in this case, a Regional Trial Court Sheriff (Hermie) is found remiss in the performance of his duty of executing the judgment of the court and thus failed to maintain that high standard.

The judgment here was rendered against a Construction Company (PCC) in a civil case for recovery of a sum of money. Pursuant to the alias writ of execution dated January 7, 2003 issued by the RTC to enforce said judgment, Hermie levied three motorcycles belonging to RMC, a marketing company which was not a party to the case. When RMC’s branch manager protested the levy on the ground that RMC was not a party to the case, Hermie left the premises, but later came back with a police officer. Hence the manager was constrained to surrender the motorcycles to Hermie.

As a consequence, RMC’s General Manager filed an administrative complaint against Hermie for grave misconduct and gross dishonesty. He claimed that Hermie’s act of levying the motorcycles belonging to RMC who was not a party to the case was beyond the scope of his authority and created a bad image on the company thus affecting its business dealings with suppliers,