A.M. No. P-12-3069 - Alconera vs. Palla

Atty. Virgilio P. Alconera (complainant) was the counsel for Morito Rafols in an unlawful detainer case (Civil Case No. 5967-2) filed by Cua Beng a.k.a. Manuel Sy and Ka Kieng before the Municipal Trial Court in Cities (MTCC), Branch 2, General Santos City.
After trial, the MTCC rendered judgment on March 12, 2009, ordering Rafols to vacate the subject lots; pay monthly rentals of ₱5,000 from June 2008 until vacating the premises; pay attorney’s fees of ₱20,000; and other costs.
Rafols, through Alconera, appealed the decision to the RTC, Branch 36, docketed as Civil Case No. 675.

While the appeal was pending, the RTC issued an Order on February 18, 2011 granting Cua Beng's motion for execution on the unlawful detainer case.
A Motion for Reconsideration filed by Alconera was denied on March 14, 2011.
On March 17, 2011, Evelyn Rafols, Rafols’ daughter-in-law, informed Alconera that Sheriff Alfredo T. Pallanan (respondent) came to enforce the writ with the opposing counsel and 30 men, demanding payment of ₱720,000—a sum Rafols protested as exorbitant since monthly rentals were being deposited in court.

Alconera, though in Manila at the time, had a phone conversation with respondent regarding the enforcement, where respondent insisted on executing the writ as no Temporary Restraining Order (TRO) had been issued.
Alconera’s office received the copy of the order denying the Motion for Reconsideration only on March 18, 2011, the same day he confronted respondent in his office in General Santos City.
The confrontation escalated into a heated argument, partially captured on video by complainant’s daughter, Shyla Mae Zapanta. Transcript of their exchanges revealed mutual disrespect and insults.

Alconera filed an administrative complaint for grave misconduct and making untruthful statements against Sheriff Pallanan on April 6, 2011.
Respondent filed a comment and a counter-affidavit accusing Alconera of grave misconduct and violation of the Code of Ethics, alleging threats and verbal assault during enforcement activities.
Alconera supplemented his complaint adding a charge for false testimony, denying respondent’s allegations.
The case was docketed as AM No. P-12-3069 and investigated by the Executive Judge of RTC General Santos City.
The investigating judge recommended that respondent sheriff be admonished for discourtesy in the performance of his duties.

Whether Sheriff Alfredo T. Pallanan can be held administratively liable for:

Grave misconduct for enforcing the writ of execution amid ongoing motions and disputes regarding its validity.
Making untruthful statements against Atty. Virgilio P. Alconera.
Discourtesy or disrespectful behavior during the execution of official duties.

Whether the implementation of the writ of execution by respondent was proper under the Rules of Court, considering the status of the appeal and the filing of a supersedeas bond or TRO.