Introduction

In the Philippine legal system, a writ of demolition is a court-issued order directing the removal of structures or improvements on a property, typically arising from civil cases such as ejectment, recovery of possession, or land disputes. This writ is enforced by the sheriff, an officer of the court tasked with implementing judicial mandates under Rule 39 of the Revised Rules of Court. Determining the lawful fees for such enforcement is crucial to ensure compliance with statutory limits, prevent abuse, and uphold the principles of justice and equity. Sheriff's fees are not arbitrary but are regulated by the Rules of Court, Supreme Court administrative issuances, and relevant jurisprudence. This article provides a comprehensive overview of the legal framework, computation methods, allowable expenses, procedural requirements, and potential remedies related to sheriff's fees in the context of enforcing a writ of demolition.

Legal Basis for Sheriff's Fees

The primary legal foundation for sheriff's fees in the Philippines is found in Rule 141 of the Revised Rules of Court, as amended by various Supreme Court resolutions and administrative circulars. Rule 141 governs legal fees payable to the court, including those accruing to sheriffs for serving processes and enforcing writs. Specifically, Section 10 (formerly Section 9 in older versions) outlines the fees for sheriffs and other persons serving processes.

Key amendments include:

A.M. No. 04-2-04-SC (effective August 16, 2004), which revised the rates to reflect inflation and operational needs.
A.M. No. 08-2-01-SC (effective March 1, 2008), further adjusting fees for execution-related services.
Administrative Circular No. 35-2004, which provides guidelines on the collection, deposit, and accountability of sheriff's fees and expenses.

Additionally, Rule 39, Section 10, empowers the sheriff to enforce writs of execution, which encompass demolition orders, while Rule 70 (Forcible Entry and Unlawful Detainer) specifies procedures for immediate execution in ejectment cases, often involving demolition.

Sheriff's fees are distinguished from actual expenses. Fees are fixed or percentage-based charges for services rendered, while expenses cover out-of-pocket costs necessary for enforcement, such as transportation, labor, or equipment rental. Both must be lawful, reasonable, and supported by receipts.

Types of Sheriff's Fees Applicable to Writs of Demolition

Enforcing a writ of demolition involves multiple stages, each potentially incurring specific fees under Rule 141, Section 10:

Service of the Writ:
- For serving the writ of demolition (similar to serving a writ of execution), the fee is P1,000.00 for the first four hours of service, plus P500.00 for each additional hour or fraction thereof.
- If the writ requires posting notices or copies, an additional P200.00 per copy posted.
Levy on Property:
- If the demolition involves levying on real property (e.g., attaching the land or structures prior to removal), the fee is P1,000.00 for making the levy, plus P500.00 for each additional parcel of land.
Custody and safekeeping:
- If the sheriff takes custody of property or debris post-demolition, keeper's fees apply at P500.00 per day per keeper, not exceeding five days without court approval.
Execution and Demolition Proper:
- For actual enforcement, including overseeing the demolition, the fee is based on the value of the property or the cost involved:
  - For properties valued up to P50,000.00: 5% of the value.
  - For values between P50,000.01 and P250,000.00: P2,500.00 plus 4% on the excess over P50,000.00.
  - For higher values: Graduated rates up to 1% on excesses over P1,000,000.00.
- However, in demolition cases, the "value" is often the estimated cost of demolition rather than the property value, as determined by the court.
Collection of Money or Sale:
- If the writ involves collecting rents or selling attached property to cover costs, commission fees apply: 4% on the first P100,000.00 collected, 2% on the next P400,000.00, and 1.5% on amounts exceeding P500,000.00.

These fees are payable to the sheriff but must be deposited with the clerk of court as part of the judiciary development fund, except for a portion retained as incentive under Supreme Court guidelines.

Allowable Expenses in Addition to Fees

Beyond fixed fees, sheriffs may incur necessary expenses for effective enforcement of a writ of demolition. These are not "fees" but reimbursable costs, subject to court approval and documentation. Common expenses include:

Transportation and Travel: Actual costs for the sheriff and deputies to reach the site, including fuel, vehicle rental, or public transport fares. In remote areas, this may include boat or air travel.
Labor and Equipment: Hiring workers, bulldozers, cranes, or other machinery for demolition. Costs must be based on prevailing market rates and supported by quotations or bids.
Security: Engaging police or private security if resistance is anticipated, with fees as per inter-agency agreements (e.g., PNP support under Memorandum Circulars).
Storage and Disposal: Fees for storing removed materials or disposing of debris in compliance with environmental laws (e.g., Republic Act No. 9003 on Solid Waste Management).

Under Administrative Circular No. 35-2004, expenses must be:

Actual, necessary, and reasonable.
Advanced by the prevailing party (usually the plaintiff) upon court order.
Accounted for with official receipts submitted to the court within 30 days post-enforcement.

The total expenses cannot exceed the estimated amount approved by the court in advance, unless justified by unforeseen circumstances.

Procedure for Determining and Approving Fees and Expenses

The process for determining lawful sheriff's fees in demolition cases is methodical and involves judicial oversight to prevent extortion or overcharging:

Pre-Enforcement Assessment:
- Upon issuance of the writ, the sheriff submits a written estimate of fees and expenses to the court, detailing the scope of demolition (e.g., size of structure, materials involved).
- The prevailing party may be required to deposit the estimated amount with the clerk of court.
Court Approval:
- The judge reviews the estimate for reasonableness, considering factors like location, complexity, and potential opposition.
- If disputed, a hearing may be held where parties can present evidence on costs.
Enforcement and Documentation:
- During execution, the sheriff maintains a log of activities and expenses.
- Demolition must comply with due process, including a 5-day notice to vacate under Rule 70, Section 10(c), to minimize costs from resistance.
Post-Enforcement Accounting:
- The sheriff files a return of the writ within 10 days (Rule 39, Section 14), including a detailed account of fees collected and expenses incurred.
- Excess deposits are refunded; shortfalls may be recovered from the party.
Audit and Accountability:
- The Office of the Court Administrator (OCA) monitors compliance through periodic audits. Violations, such as demanding unauthorized fees, can lead to administrative sanctions under A.M. No. 01-1-07-SC.

Factors Influencing Fee Determination

Several factors can affect the computation of fees:

Complexity of Demolition: Multi-story buildings or hazardous materials (e.g., asbestos) may justify higher expenses for specialized services.
Location: Urban vs. rural settings impact transportation costs; island provinces may involve ferry fees.
Opposition or Delays: If occupants resist, additional fees for repeated attempts or court interventions apply.
Property Value or Cost Estimate: Fees are often pegged to the appraised value of improvements to be demolished, as assessed by a licensed appraiser.
Inflation Adjustments: Supreme Court may periodically revise rates via administrative matters to account for economic changes.

Jurisprudence and Common Issues

Philippine courts have addressed fee-related disputes in cases involving writs of demolition:

In Salazar v. Court of Appeals (G.R. No. 121510, 1997), the Supreme Court emphasized that sheriffs cannot demand fees beyond those prescribed, deeming excess demands as extortion.
People v. Legaspi (G.R. No. 173080, 2008) highlighted the need for transparency in expense claims, ruling that unsubstantiated costs are disallowable.
In ejectment cases like Spouses Lim v. Court of Appeals (G.R. No. 144326, 2003), the Court clarified that demolition costs are recoverable as damages if stipulated in the judgment.

Common issues include:

Overestimation of expenses to inflate fees.
Failure to provide breakdowns, leading to contempt charges.
Disputes over who bears the costs (typically the losing party, but advance payment by winner).

Remedies for Excessive or Unlawful Fees

If a sheriff demands unlawful fees:

File a Motion with the Issuing Court: Request a review or reduction of the estimate.
Administrative Complaint: Lodge with the OCA for investigation; penalties range from fines to dismissal.
Civil Action: Sue for damages under Article 32 of the Civil Code for abuse of rights.
Criminal Prosecution: Extortion may constitute grave misconduct or violation of Anti-Graft laws (R.A. 3019).

Parties should retain all receipts and correspondence as evidence.

Conclusion

Determining lawful sheriff's fees for enforcing a writ of demolition requires strict adherence to the Rules of Court and Supreme Court guidelines to balance efficient enforcement with protection against abuse. By understanding the fixed fees, allowable expenses, procedural steps, and influencing factors, litigants and legal practitioners can ensure compliance and fairness. Ultimately, these mechanisms uphold the integrity of judicial processes in the Philippines, ensuring that justice is served without undue financial burden. For specific cases, consultation with a licensed attorney is advisable to navigate nuances based on the latest court issuances.