Title
Abalde vs. Roque, Jr.
Case
A.M. No. P-02-1643
Decision Date
Apr 1, 2003
Sheriff Antonio Roque, Jr. suspended for 3 months without pay for mishandling P3,740.00 from judgment execution, violating court rules despite complainant's desistance.
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Case Digest (A.M. No. P-02-1643)

Facts:

  1. Background of the Case:

    • Complainant Dimas Abalde was the plaintiff in Civil Case No. T-674 before the Regional Trial Court (RTC) of Toledo City, Branch 29. The case was entitled "Dimas Abalde, Plaintiff versus Luzviminda Dulang, et al., Defendants."
    • On March 2, 1999, the trial court rendered a judgment in favor of Abalde, awarding him damages, attorney’s fees, and litigation expenses totaling P110,000.00. The decision became final and was entered in the book of judgments.
  2. Execution of the Judgment:

    • A writ of execution was issued, and respondent Antonio Roque, Jr., Sheriff IV of the RTC, was tasked with enforcing the judgment.
    • On August 4, 1999, Abalde and Roque went to the Land Bank of the Philippines, Cebu Main Branch, to collect the judgment award. However, only Roque transacted with the bank personnel.
    • After the transaction, Roque handed Abalde P90,000.00, which was P20,000.00 short of the judgment award. Roque claimed that the balance would be remitted by the defendants in due time.
  3. Sheriff’s Expenses and Unaccounted Funds:

    • In February 2000, Roque presented a "Report of Sheriff’s Expenses," listing P16,260.00 as expenses incurred during the execution of the judgment. However, the report lacked supporting receipts or documents.
    • Roque admitted that he failed to turn over P3,740.00 to Abalde, which remained unaccounted for.
  4. Administrative Complaint:

    • On February 15, 2000, Abalde filed an Affidavit-Complaint with the Office of the Court Administrator (OCA) and the Office of the Ombudsman-Visayas, accusing Roque of grave misconduct.
    • Roque defended his actions, claiming that the expenses were valid and that Abalde was no longer interested in pursuing the complaint.
  5. Investigation and Recommendations:

    • The case was referred to the Executive Judge of the RTC of Toledo City for investigation. During the hearings, Abalde manifested his lack of interest in pursuing the charges, while Roque maintained his innocence.
    • The Executive Judge recommended the dismissal of the case. However, the OCA found that Roque violated Rule 141, Section 9 of the Rules of Court and recommended a one-month suspension without pay.

Issue:

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Ruling:

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Ratio:

  1. Violation of Rule 141, Section 9 of the Rules of Court:

    • The Court emphasized that sheriffs must strictly comply with the procedure for claiming and liquidating expenses. Roque failed to:
      • Make an estimate of expenses and obtain court approval.
      • Ensure that the approved expenses were deposited with the Clerk of Court.
      • Properly liquidate the expenses and refund any unspent amount.
    • Roque’s failure to follow these steps constituted an unlawful exaction, rendering him liable for grave misconduct and gross dishonesty.
  2. Desistance of the Complainant:

    • The Court ruled that the desistance of the complainant does not bar disciplinary action. Administrative cases are not dependent on the complainant’s willingness to pursue the charges. The primary concern is the preservation of the integrity of the judiciary and the enforcement of its rules.
  3. Role of Sheriffs in the Administration of Justice:

    • Sheriffs, as officers of the court, are held to high standards of conduct. They must discharge their duties with due care and diligence, as any error or misconduct on their part undermines the efficiency of the judicial process.
  4. Penalty Imposed:

    • The Court imposed a three-month suspension without pay, emphasizing the need to maintain public confidence in the judiciary. A stern warning was also issued, stating that any repetition of similar acts would result in more severe penalties.


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