November 9, 1999

DAR OPINION NO. 71-99

MEMORANDUM

FOR             :     RENATO F. HERRERA
                           Regional Director
                           DAR-Region IV
                           Capitol Compound, Pasig City

SUBJECT    :     In the Matter of Sheriff's Fees

This has reference to your request for the Department to issue guidelines "on the matter of Sheriff's Fees" based on the following recommendations of Legal Officer Claudette C. Castillo: that the Sheriff's fee should be credited to the DARAB, not as personal income of the sheriff since he is being already paid salary by the government; that the sheriffs fee must be receipted; that each case should have separate accounts for easy monitoring of deposits and withdrawals and that no withdrawals can be made unless there is an Order issued allowing withdrawal on a particular account and specifying the purpose for the withdrawal.

We find worthwhile the recommendation but the DARAB New Rules of Procedure, particularly Section 5, Rule XVIII thereof is already explicit on the matter. To quote:

"SECTION 5.           Sheriffs, and other persons serving processes. a) For serving summons and copy of complaint, for each defendant, Twenty Pesos (P20.00);

b)         For serving subpoenas for each witness to be served, Ten Pesos (P10.00);

xxx                      xxx                      xxx

In addition to the fees herein above fixed, the party requesting for the issuance of any process whether preliminary, incidental or final, shall pay the sheriffs' expenses in serving or executing the process, or safeguarding the properly levied upon, attached or seized, including actual travel expenses by the regular means of transportation, guards' fees, warehousing and similar charges, in an amount estimated by the Sheriff, subject to the approval of the Board or Adjudicator. Upon approval of said estimated expenses, the interested party shall deposit such amount with the Clerk-of-the-Board and ex-oficio Sheriff, who shall disburse the same to the Sheriff, assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the Sheriff assigned with his return; and the Sheriff's expenses shall be taxed as costs against the losing party."

As gleaned from the above, sheriff's fee is not an income but a monetary allotment or payment which must be duly receipted for expenses incurred by reason, or as an incident, of the service of legal processes. Thus, disbursement thereof should always be in accordance with the usual accounting rules and regulations and approved by the Board/Adjudicator concerned. Should it be deemed advisable or necessary, deposits or withdraws in a bank shall be at the instance and approval of the Board or Adjudicator and not of the interested party or sheriff concerned.

We take this occasion to emphasize that in the matter of Sheriff's Fee, the abovequoted provisions of the New DARAB Rules of Procedure should strictly be observed and complied with.

Please be guided accordingly.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Atty. Rodolfo R.M. Bueno

Chief, Legal Division

Dar-Region IV

Capitol Compound, Pasig City

Claudette Castillo

Legal Officer II

Capitol Compound, Pasig City