ANTONIO RODRIGUEZ v. VICENTE P. APOSAGA, JR.,
A.M. No. P-03-1671, 31 January 2005, (CARPIO MORALES, J.)
It bears emphasis that high standards are expected of sheriffs, they being agents of the law. They are mandated to perform the duties of their office earnestly, faithfully and honestly.
FACTS: By 1st Indorsement of February 8, 2002, the Department of Justice (DOJ) referred to the Office of the Court Administrator (OCA) for appropriate action a letter of herein complainant Antonio Rodriguez (Rodriguez) requesting assistance in the execution of the decision rendered by the Regional Trial Court (RTC) of Zamboanga in his favor. It was alleged that Vicente P. Aposaga, Jr., Sheriff IV of the said court, asked for P10,000.00 for the execution of the said decision.
Rodriguez, however, paid no heed to Aposaga‘s request. Consequently, Aposaga could not implement the writ of execution. With the help of a "common friend" who was aware of his predicament, Aposaga proceeded to cause the registration of the Notice of Levy on the judgment debtor‘s property. The Court arrived to the conclusion that what Aposaga was doing is a violation of Section 9, Rule 141 of the 1997 Rules of Civil Procedure.