Dear Atty. Gab,

Musta Atty! I hope you can shed some light on my very stressful situation. My name is Maria Hizon, and I run a small sari-sari store attached to the house I’ve been renting for 10 years here in Cebu. Unfortunately, my landlord filed an ejectment case against me because I fell behind on rent during the pandemic. I tried my best, but the court eventually ruled in his favor.

A few days ago, the court sheriff came with a paper called a “Writ of Execution” and a “Notice to Vacate.” It says I have to leave the premises. I understand that part, although it breaks my heart to leave the place I’ve called home and where I built my small livelihood. My biggest worry now is my store structure. It’s a simple extension I built myself with the previous landlord’s verbal permission years ago – mostly light materials, but it’s where I keep all my goods.

The current landlord is very angry and told the sheriff he wants everything cleared out immediately, including tearing down my store. The sheriff seemed hesitant but mentioned something about just following the writ. Can they really just demolish my store based on the eviction order? Doesn’t the writ only say I need to vacate the property? I poured my savings into that small structure. I’m scared they’ll just destroy it without giving me a chance to properly dismantle it and save my materials and remaining goods. Is there a separate process for demolition? I feel so lost and powerless. Any guidance you can offer would be deeply appreciated.

Hoping for your advice,
Maria Hizon

Dear Maria,

Musta! Thank you for reaching out. I understand how distressing this situation must be, facing not only eviction but also the potential demolition of the store structure you worked hard to build. It’s a common point of confusion, and your concerns are valid.

In essence, a standard Writ of Execution ordering you to vacate the premises in an ejectment case does not automatically grant the authority to demolish improvements you’ve constructed, like your sari-sari store. Philippine procedural law requires a separate, specific step before demolition can legally occur. The sheriff cannot simply decide to demolish based solely on the eviction order or the landlord’s demands. Let’s delve into the specifics of why this is the case.

Protecting Your Improvements: The Rule on Demolition in Ejectment Cases

The execution of a court judgment, especially in ejectment cases, is often the most challenging phase. While the court has ordered you to vacate, the process must still adhere strictly to the Rules of Court to ensure fairness and prevent abuse. The role of the sheriff is crucial here; they are officers of the court tasked with implementing the judgment lawfully, not arbitrarily.

The key principle governing your situation is found in the Rules of Court, which outlines the procedure for dealing with improvements made by the person being evicted. It explicitly states that demolition requires more than just the basic writ of execution. The law recognizes that occupants might have built structures in good faith or otherwise invested in the property, and their rights regarding these improvements need protection, even during eviction.

Specifically, the Rules require a special order from the court before any demolition can take place. This isn’t just a formality; it’s a safeguard rooted in fundamental fairness. The relevant provision states:

Sec. 10. Execution of judgment for specific act.
x x x x
(d) Removal of improvements on property subject of execution. – When the property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements except upon special order of the court, issued upon motion of the judgment obligee after due hearing and after the former has failed to remove the same within a reasonable time fixed by the court. (Section 10(d), Rule 39 of the Rules of Court)

This rule is clear: the sheriff cannot demolish your store unless your landlord (the judgment obligee) specifically requests it through a formal motion filed in court. The court must then conduct a hearing where you have the right to be heard. Only after this hearing, if the court grants the motion, will it issue a special order authorizing demolition. Importantly, this order usually gives you a reasonable time to remove the improvements yourself before the sheriff is authorized to demolish them.

Acting without this special order is a serious violation. As the Supreme Court has emphasized, compliance with this rule is mandatory, not optional, for sheriffs:

“Sheriff Alimurung’s compliance with the Rules of Court, especially in the implementation of judgments, is not merely directory but mandatory. He is expected to know the rules of procedure, particularly when they pertain to his function as an officer of the court.” (A.M. No. P-08-2584, November 15, 2010)

The requirement for a special order prevents arbitrary actions and upholds basic justice. It ensures that the process isn’t oppressive, even when enforcing a valid eviction order. Sheriffs, as court officers, carry a heavy responsibility to act properly and within the bounds of the law. Their conduct must inspire public confidence in the justice system.

“By the very nature of their functions, sheriffs must conduct themselves with propriety and decorum, so as to be above suspicion. Sheriffs cannot afford to err in serving court writs and processes and in implementing court orders, lest they undermine the integrity of their office and the efficient administration of justice.” (A.M. No. P-08-2584, November 15, 2010)

Therefore, if the sheriff attempts to demolish your store based only on the Writ of Execution for eviction, they would be acting beyond their authority. Such action could constitute abuse of authority and misconduct. Ignorance of this specific procedural requirement is not considered a valid excuse for court officers.

Practical Advice for Your Situation

• Verify the Sheriff’s Documents: Politely but firmly ask the sheriff to show you a separate “Special Order of Demolition” issued by the court specifically authorizing the removal of your store. The Writ of Execution and Notice to Vacate are insufficient for demolition.
• Document Everything: Take clear photos and videos of your store structure, its contents, and any actions taken by the sheriff or landlord regarding demolition. Note dates, times, and names of people involved.
• State Your Position Calmly: Do not physically obstruct the sheriff if they are enforcing the eviction itself (asking you to leave). However, clearly state that you object to any demolition without a special court order as required by Rule 39, Section 10(d).
• Seek Urgent Legal Aid: Immediately consult a lawyer or go to the nearest Public Attorney’s Office (PAO). They can help you verify court records and, if necessary, file an urgent motion with the court to clarify the scope of the writ or oppose any pending motion for demolition.
• Check Court Records: Ask your lawyer or PAO to check if the landlord has already filed a “Motion for Issuance of a Special Order of Demolition” and if a hearing has been scheduled or conducted. You have the right to participate in that hearing.
• Communicate Willingness (If Applicable): Through your lawyer, you might communicate your willingness to dismantle and remove the store yourself within a reasonable period if the court eventually orders it, potentially saving your materials.
• Consider an Administrative Complaint: If the sheriff proceeds with demolition without the special order, despite your objections, you can file an administrative complaint against them with the Office of the Court Administrator (OCA) for misconduct and abuse of authority.

Maria, it’s crucial to act quickly and assert your rights correctly. While the eviction order must be respected, the demolition of your store requires a distinct legal process involving a court hearing and a specific order. The principles ensuring this are well-established in Philippine jurisprudence to protect individuals like you from potential abuses during the execution process.

Please feel free to reach out if you have more questions or need assistance connecting with legal aid resources.

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.