Fajardo v. Quitalig Facts: Quitalig is a sheriff. Complainant is the plaintiff in a civil case of ejectment.

The court decided against the defendant and the decision became final and executory. Complainant filed a motion for execution. The writ was issued on March 7, 2000 and served on the judgment obligor on March 9. Respondent admitted that the judgment obligor promised him to vacate the premises on March 29 but the sheriff was not able to implement the writ because the RTC issued TRO. The TRO did not ripen into injunction so it lapsed after 20 days. The writ was finally implemented only on August 2, which is more than 4 months from date the TRO lapse. Issue: Whether the sheriff remiss on its duty. Held: Within 30 days from receipt thereof and every 30 days thereafter until the judgment is fully satisfied, a sheriff is required by the Rules to render a report on the action taken on a writ of execution. Respondent should have immediately implemented and made a return of the writ after duly serving it upon the defendant on March 9. Nonetheless, because of the promise that she would vacate the premises on March 23, she was allowed to remain there. However, TRO was issued March 24 and finally executed it on August 24 and submitted return on August 25. He failed to: 1) 2) 3) 4) Execute the writ within 30 days from receipt Submit report of service within the same period Make periodic report to MTCC until judgment is satisfied Furnish the parties with copies of report

Manuel Rodriguez FEU Institute of Law