CASE DIGEST: Corpuz v. Pascua

 


YOLANDA LEACHON CORPUZ, complainant, vs. SERGIO V. PASCUA, Sheriff III, Municipal Trial Court in Cities, Trece Martires City, Cavite, respondent
A.M. No. P-11-2972. September 28, 2011.

 

FACTS:

A complaint for violation of BP 22 were instituted by Alicia Panganiban against Juanito Corpuz before the MTCC. On June 16, 2009, the MTCC approved the Compromise agreement executed between Panganiban and Juanito and dismissed provisionally the criminal cases. On January 25, 2010, the MTCC allegedly rendered a judgment based on the Compromise Agreement, but there was no copy of said judgment in the records of this case. When Juanito failed to comply with his obligations under the Compromise Agreement, Panganiban filed Motions for Execution. On March 17, 2010, the MTCC acted favorably on Panganiban’s Motions and issued a Writ of Execution addressed to the Sheriff of the MTCC of Trece Martires City.

On June 2, 2010, Yolanda, Juanito’s wife, and her daughter were in her office at the Cavite Provincial Engineering Office of Trece Martires City. At around three o’clock in the afternoon, Sheriff Pascua arrived at Yolanda’s office and demanded that Yolanda surrender the Toyota Town Ace Noah with Plate No. 471, which was registered in Yolanda’s name, threatening to damage the said vehicle if Yolanda would refuse to do so. Sheriff Pascua tried to forcibly open the vehicle. Deeply embarrassed and humiliated, and to avoid further indignities, Yolanda surrendered the key to the vehicle to Sheriff Pascua, but she did not sign any document which Sheriff Pascua asked her to sign.

Offended, humiliated, and embarrassed, Yolanda was compelled to file the present administrative complaint against Sheriff Pascua. In addition to the aforementioned incident, Yolanda alleged in her complaint that Sheriff Pascua kept possession of the vehicle and even used the same on several occasions for his personal use. Yolanda also claimed that her vehicle was illegally confiscated or levied upon by Sheriff Pascua because the Writ of Execution, which Sheriff Pascua was implementing, was issued against Juanito, Yolanda’s husband. Yolanda further pointed out that Sheriff Pascua has not yet posted the notice of sale of personal property, as required by Rule 39, Section 15 of the Rules of Court.

In his Comment, Sheriff Pascua denied that he threatened and used force in levying upon the vehicle in question, and avowed that he was the one maligned when he served the Writ of Execution at Yolanda’s residence. Sheriff Pascua averred that after the levy, he politely informed Yolanda that he would temporarily keep the vehicle at his place as there was no safe parking within the court premises. Sheriff Pascua believed that it was not safe to park the vehicle within the City Hall premises because of his personal experience. Sheriff Pascua already stated in the Sheriff’s Return that he was keeping temporary custody of Yolanda’s vehicle. He asserted that he never used the vehicle as he owns an owner-type jeep, which he uses for serving writs and other court processes, as well as for his family’s needs. He likewise contradicted Yolanda’s claim that no public auction has been scheduled. In fact, Yolanda already received on July 9, 2010 the Notice to Parties of Sheriff’s Public Auction Sale and Notice of Sale of Execution of Personal Property. Lastly, Sheriff Pascua argued that he only took Yolanda’s vehicle after verification LTO that it was registered in Yolanda’s name and the vehicle is their conjugal property, which could be levied upon in satisfaction of a Writ of Execution against Juanito.

Yolanda filed a Reply belying the averments in Sheriff Pascua’s Comment. Yolanda insisted that Sheriff Pascua committed an error in levying upon the vehicle solely registered in her name to satisfy a Writ of Execution issued against her husband and an impropriety in parking the vehicle at his home garage.

In his Rejoinder, Sheriff Pascua maintained that he acted in accordance with law. It was not his duty as sheriff to show proof that the personal property he was levying upon to execute the civil aspect of the judgment was conjugal; rather, the burden fell upon Yolanda to prove that the said property was paraphernal. Sheriff Pascua further reiterated that he never used vehicle for his needs. Sheriff Pascua lastly averred that he had no intention of delaying the public auction of the vehicle and was merely following the proper procedure for the reasonable appraisal of the same.

ISSUE:

Whether or not the levy on Yolanda’s car was proper

RULING:

Despite the undisputed facts that the MTCC Judgment and Writ of Execution were against Juanito only, and the Toyota Town Ace Noah was registered in Yolanda’s name solely, Sheriff Pascua proceeded to levy upon the vehicle, invoking the presumption that it was conjugal property.

The power of the court in executing judgments extends only to properties unquestionably belonging to the judgment debtor alone. An execution can be issued only against a party and not against one who did not have his day in court. The duty of the sheriff is to levy the property of the judgment debtor not that of a third person. For, as the saying goes, one man’s goods shall not be sold for another man’s debts.

A sheriff is not authorized to attach or levy on property not belonging to the judgment debtor. The sheriff may be liable for enforcing execution on property belonging to a third party. If he does so, the writ of execution affords him no justification, for the action is not in obedience to the mandate of the writ.

Sheriff Pascua cannot rely on the presumption that the vehicle is the conjugal property of Juanito and Yolanda.

Indeed, Article 160 of the New Civil Code provides that “[a]ll property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to the wife.” However, for this presumption to apply, the party who invokes it must first prove that the property was acquired during the marriage. Proof of acquisition during the coverture is a condition sine qua non to the operation of the presumption in favor of the conjugal partnership. Thus, the time when the property was acquired is material. There is no such proof in the records of the present case.

Sheriff Pascua’s assertions of diligence do not exculpate him from administrative liability. After inquiry from the LTO, he already discovered that the vehicle was registered in Yolanda’s name only. This fact should have already prompted Sheriff Pascua to gather more information, such as when Juanito and Yolanda were married and when did Yolanda acquire the vehicle, which, in turn, would have determined whether or not Sheriff Pascua could already presume that the said vehicle is conjugal property.

Moreover, when Sheriff Pascua proceeded in levying upon Yolanda’s vehicle, he digressed far from the procedure laid down in Section 9, Rule 39 of the Rules of Court for the enforcement of judgments.

The levy upon the properties of the judgment obligor may be had by the executing sheriff only if the judgment obligor cannot pay all or part of the full amount stated in the writ of execution. If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check, or other mode acceptable to the judgment obligee, the judgment obligor is given the option to immediately choose which of his property or part thereof, not otherwise exempt from execution, may be levied upon sufficient to satisfy the judgment. If the judgment obligor does not exercise the option immediately, or when he is absent or cannot be located, he waives such right, and the sheriff can now first levy his personal properties, if any, and then the real properties if the personal properties are insufficient to answer for the judgment. Therefore, the sheriff cannot and should not be the one to determine which property to levy if the judgment obligor cannot immediately pay because it is the judgment obligor who is given the option to choose which property or part thereof may be levied upon to satisfy the judgment.

In this case, Sheriff Pascua totally ignored the established procedural rules. Without giving Juanito the opportunity to either pay his obligation under the MTCC judgment in cash, certified bank check, or any other mode of payment acceptable to Panganiban; or to choose which of his property may be levied upon to satisfy the same judgment, Sheriff Pascua immediately levied upon the vehicle that belonged to Juanito’s wife, Yolanda.

 


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