Invalid writ? Sheriff faces possible charges over Lumban eviction
Robel A. Almoguerra Ipinost noong 2026-02-08 23:37:52
CABUYAO, Laguna — A legal dispute has erupted in Barangay Caliraya, Lumban, after the enforcement of an eviction order that the barangay captain now claims was invalid. Captain Silvino Dublan Jr. filed a Temporary Restraining Order (TRO) and a Motion for Reconsideration at the Court of Appeals, arguing that the writ of execution used to evict residents was already “expired and unsatisfied,” contained incorrect names and addresses, and that the Municipal Circuit Trial Court no longer had jurisdiction while the case is still pending in the Court of Appeals.
The controversy has cast a spotlight on the role of sheriffs and law enforcement officers in implementing eviction orders. Legal experts note that if a writ is indeed invalid, the sheriff who executed the order may face administrative or even criminal liability. At the same time, S.M. Fernando Realty and Development Corporation maintains that it holds legitimate titles to the property and insists that its rights must be upheld while awaiting the appellate court’s decision.
Beyond the legal technicalities, the incident raises broader questions about the balance between property rights and due process. How can authorities ensure that enforcement does not trample the rights of residents, particularly when disputes over land titles are ongoing? And conversely, how can legitimate property owners be protected from unlawful occupation or delays in reclaiming their property?
This case underscores the delicate tension between law, authority, and justice. It is a reminder that enforcement actions, even if carried out under official orders, must be scrutinized to prevent abuse and ensure fairness. As the Court of Appeals reviews the motions, one question looms: when the machinery of law moves swiftly, who truly safeguards the rights of the vulnerable and the legitimacy of authority? (Larawan mula sa: Laguna News Report / Facebook)
