QBE INSURANCE V. RABELLO (REMEDIAL)

As officers of the Court, however, SHERIFFS and deputy sheriffs are bound to discharge their duties with utmost case and diligence, particularly in implementing the orders of the court, for if they err, they will affect the efficacy of the process by which justice is administered.

In the instant case, respondent asserted that the manifestation he filed before the trial court stating that Rizal Surety had recently changed its corporate name to QBE Insurance was based on what he saw in the office of Rizal Surety and information relayed to him by its employees.

Respondent ought to be aware that execution could only be issued against a party and not against one who was not accorded his day in court and it was his bounden duty to see to it that the writ of execution would be implemented only upon properties unquestionably belonging to the judgment debtor. Property belonging to third persons cannot thus be levied upon.

Section 16 Rule 39 of the Rules of Court provides that the moment a third party claim is filed, the sheriff is not bound to keep the property levied upon, unless the creditor insists that it should be continued, which may be done if such creditor files a bond sufficient to indemnify the sheriff for whatever damages he may be held liable should the third party succeed in vindicating his title in a proper action brought separately for the purpose.

If the third-party claim is sufficient, the sheriff upon receiving it is not bound to proceed with the levy of the property, unless he is given by the judgment creditor or his agent an indemnity bond against the claim.

The remedies just mentioned are without prejudice to any proper action that a third party claimant may deem suitable, to vindicate his claim to the property.

The proper remedy of TERCERIA would have for its object the recovery of the possession of the property seized by the sheriff, as well as damages resulting from the alleged wrongful seizure and detention thereof despite the third-party claim; and it may be brought against the sheriff, and such other parties as may be alleged to have colluded with the sheriff in the supposedly wrongful execution proceedings, such as the judgment creditor himself.