Definition and Role
A sheriff is a public officer who serves in the execution of court orders and judgments. Their role is fundamental in civil procedure, primarily involving the service of process and enforcement of judicial directives, such as writs of execution, attachment, and replevin. The duty of a sheriff in executing a writ is purely ministerial.
Key Responsibilities
The sheriff's key responsibilities include:
- Service of Summons: Serving summons upon the defendant is a vital requirement for due process and to acquire jurisdiction over the person of the defendant. The sheriff's return must detail the efforts made, the date and time of attempts, and the location of service.
- Execution of Judgments: Enforcing judgments for money by demanding payment from the judgment obligor and, if necessary, levying upon the judgment obligor's property.
- Sale of Property: Conducting public auctions of levied property to satisfy the judgment. The notice of sale must specify the date, time, and place of the sale.
- Custody of Property: Taking custody of property under a writ of preliminary attachment or replevin. The attached property continues in the sheriff's custody for its safekeeping.
- Receiving Payment: Receiving the full amount stated in the writ of execution or cash/certified bank check from the judgment obligor. Payments received are turned over to the clerk of court.
- Providing Returns: Submitting a sheriff's return to the court after executing a writ, detailing the proceedings undertaken. There is a presumption of regularity in the sheriff's return.
- Serving Motions and Orders: Serving various motions, notices, resolutions, and orders to parties.
Nature of Duty
The sheriff's function in executing court orders and judgments is ministerial. This means they are generally required to carry out the court's command as written, without exercising discretion or judgment beyond what is necessary to perform the duty effectively. The execution of a writ should conform to the dispositive portion of the judgment.
Accountability
A sheriff may face liability for damages under certain circumstances, such as failing to properly post or remove a notice of sale, or defacing one. The sheriff is not liable for damages for taking or keeping property under a writ of replevin if the bond is filed within 120 days from the filing of the bond. When the writ of replevin is issued in favor of the Republic, the filing of a bond is not required, and the sheriff sued for damages is represented by the Solicitor General.