Facts:

The case involves Efren B. Reyes, a Deputy Sheriff of the Court of First Instance of Zamboanga City, who was charged with "Misconduct, Dishonesty and Neglect of Duty" in Administrative Matter No. P-926 and "Serious Misconduct" in Administrative Matter No. P-902 by Hakim S. Abdulwahid, the Clerk of Court and Ex-Officio City Sheriff of the same court. The complaints were filed on July 18, 1974, detailing several allegations against Reyes. In Administrative Matter No. P-926, the charges included his absence from office without leave from July 2, 1974, to the filing of the complaint, failure to return a deposit of P1,500.00 to the Sikatuna Fishing Corporation, misappropriation of P150.00 received for Sheriff’s fees, failure to turn over P50.00 entrusted to him, and not making required returns to the court after serving summons and writs. Reyes admitted to some absences but claimed he had filed for sick leave and returned the deposit. He also acknowledged recei...

Facts:

Background of the Case

• The case involves two administrative matters filed by Hakim S. Abdulwahid, Clerk of Court and ex-officio City Sheriff of the Court of First Instance of Zamboanga City, against his subordinate, Efren B. Reyes, the Deputy Sheriff.
• The administrative proceedings are identified as Administrative Matter No. P-926 (alleging misconduct, dishonesty, and neglect of duty) and Administrative Matter No. P-902 (alleging serious misconduct).

Facts Pertaining to Administrative Matter No. P-926

• Allegation of Unauthorized Absence
• The respondent is charged with having absented himself from office from July 2, 1974, until July 18, 1974, without filing the proper leave of absence or notifying the Office of the Clerk of Court in a timely manner.
• Though the respondent later asserted that he had filed an application for sick leave (accompanied by a doctor’s certificate), this filing occurred only on July 22, 1974—four days after the complaint was initiated—casting doubt on the veracity of his claim, especially since the physician was his uncle.
• Evidence included a Daily Time Record and contrasting testimonies by court personnel who observed his presence downtown during the period.

Facts Pertaining to Administrative Matter No. P-902

• Allegation of Misappropriation in Connection with a Judgment Debt
• The respondent is charged with failing to remit P1,136.41 to the Metro Drug Corporation, plaintiff-creditor in Civil Case No. 224138 of the City Court of Manila, despite having collected the amount as a deputy sheriff during the execution of a writ.
• Details reveal that, during the enforcement of the writ issued on March 29, 1974, the respondent collected P1,000.00 at the debtor’s residence/place of work and later accepted additional installments (P300.00, P500.00, and P336.41) from defendant Miguel Apostol.

Additional Context and Recidivism

• The respondent was already facing a previous administrative case (Administrative Case No. 1) for similar charges of misconduct, dishonesty, and neglect of duty.
• Testimonies and additional complaints from other litigants, noting similar patterns of neglect and malfeasance, further established the respondent as a recidivist and undesirable public officer.

Issue:

Whether the respondent, Efren B. Reyes, committed acts of misconduct, dishonesty, and neglect of duty by:

• Failing to file timely leave and absenting himself from office without proper justification in violation of administrative protocols.
• Failing to return the required deposit and misappropriating funds received for the execution of court orders.
• Neglecting his duty to issue proper receipts, and subsequently failing to perform mandated returns and service of summons as required by law.

• Whether the return of misappropriated amounts after the filing of the complaint alleviates the respondent of criminal or administrative liability for acts of dishonesty and misconduct.

• Whether the cumulative acts of neglect and repeated absences by the respondent, along with his failure to appear during administrative proceedings, justify the imposition of the penalty of dismissal under relevant administrative and legal provisions.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)