REPLEVIN  Sections 4-5   By:  Sharmine Ruiz y Ellazar
Section 4: Duty of the Sheriff <ul><li>Upon receiving such order, the sheriff  must  serve a copy thereof on the adverse p...
<ul><li>If the property or any part thereof be concealed in a building or enclosure, the sheriff  must demand  its deliver...
<ul><li>After the sheriff has taken possession of the property as herein  provided, he must keep it in a secure place and ...
NBI vs Tuliao, 270 SCRA 351 <ul><li>A sheriff’s prerogative does not give him the liberty to determine who among the parti...
Balantes vs Buena, 242 SCRA, 1995 <ul><li>When a writ is placed in the hands of a sheriff, it is his duty, in the absence ...
Paat vs CA, 266 SCRA 167, 1997 <ul><li>The prompt implementation of a warrant of seizure is called only in instances where...
Borrnasal Jr. vs Montes, 280 SCRA 181, 1997 <ul><li>True, Sheriffs must comply with their mandated ministerial duty to imp...
Section 5: Return of Property <ul><li>If the adverse party objects to the sufficiency of the applicant’s bond, or of the s...
<ul><li>in  double the value   of the property  as stated in the applicant’s affidavit for the delivery thereof to the app...
<ul><li>If the sufficiency of the plaintiff’s bond is objected to by the defendant, the latter cannot demand the return of...
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Replevin sec 4 5

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  • There must be no room for anyone to conjecture that sheriffs and deputy sheriffs as officers of the court have conspired with any of the parties to a case to obtain a favorable judgment or immediate executeon.
  • Replevin sec 4 5

    1. 1. REPLEVIN Sections 4-5 By: Sharmine Ruiz y Ellazar
    2. 2. Section 4: Duty of the Sheriff <ul><li>Upon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody. </li></ul>
    3. 3. <ul><li>If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be broken open and take the property into his possession. </li></ul>
    4. 4. <ul><li>After the sheriff has taken possession of the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same </li></ul>
    5. 5. NBI vs Tuliao, 270 SCRA 351 <ul><li>A sheriff’s prerogative does not give him the liberty to determine who among the parties is entitled to the possession of the attached property. </li></ul><ul><li>He does not have any discretion to decide which agency has primary jurisdiction and authority over the matter at hand. </li></ul>
    6. 6. Balantes vs Buena, 242 SCRA, 1995 <ul><li>When a writ is placed in the hands of a sheriff, it is his duty, in the absence of any instructions to the contrary, to proceed with reasonable celerity and promptness to execute it according to its mandate. </li></ul>
    7. 7. Paat vs CA, 266 SCRA 167, 1997 <ul><li>The prompt implementation of a warrant of seizure is called only in instances where there is no question regarding the right of the plaintiff to </li></ul><ul><li>the property. Where the plaintiff has shown by his own affidavit that he is entitled to the possession of the property, then the executing officer has no other recourse but to execute the warrant or writ expeditiously. </li></ul>
    8. 8. Borrnasal Jr. vs Montes, 280 SCRA 181, 1997 <ul><li>True, Sheriffs must comply with their mandated ministerial duty to implement writs promptly and expeditiously, but equally true is the principle that sheriffs by the nature of their functions must at all times conduct themselves with propriety and decorum and above suspicion. </li></ul><ul><li>The sheriff is the front line representative of the judiciary and by his act he may build or destroy the inst </li></ul>
    9. 9. Section 5: Return of Property <ul><li>If the adverse party objects to the sufficiency of the applicant’s bond, or of the surety or sureties thereon, he cannot immediately require the return of the property, but if he does not so object, he may at any before the delivery of the property to the applicant , require the return thereof, by filing with the court where the action is pending a bond executed to the applicant, </li></ul>
    10. 10. <ul><li>in double the value of the property as stated in the applicant’s affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the payment of such sum to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicant. </li></ul>
    11. 11. <ul><li>If the sufficiency of the plaintiff’s bond is objected to by the defendant, the latter cannot demand the return of the property upon counterbond. </li></ul>

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