Facts:

In the case of Wilfredo F. Araza vs. Sheriffs Marlon M. Garcia and Nicolas A. Tonga, an administrative complaint was initiated on July 2, 1997, by Wilfredo F. Araza against Sheriffs Marlon M. Garcia and Nicolas A. Tonga, alleging several serious charges, including grave misconduct, violation of the Anti-Graft and Corrupt Practices Act, gross ignorance of the law, and gross neglect of duty. This complaint was centered around the execution of a writ pursuant to Civil Case No. 4256, which involved Araza and his wife as plaintiffs against Lilia S. Agu, the defendant. The Municipal Trial Court in Legaspi City had rendered a decision on February 25, 1997, ordering Agu to pay Araza a sum of P93,904.62. After the judgment became final, the court issued a writ of execution on April 15, 1997. Garcia, the assigned sheriff, requested assistance from Tonga due to a recent medical procedure he had undergone.

On April 28, 1997, they served the writ of execution, but Agu failed to pay the judgm

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Facts:

Background of the Case

• The administrative case arose from a letter-complaint dated July 2, 1997, filed by Wilfredo F. Araza charging sheriffs Marlon M. Garcia and Nicolas A. Tonga with multiple offenses including grave misconduct, violation of the anti-graft and corrupt practices act, gross neglect of duty, abuse of authority, and other related misconduct.
• The complaint was connected to the implementation of a writ of execution in Civil Case No. 4256 in Legazpi City, wherein defendant Lilia S. Agu was sentenced to pay a monetary judgment to plaintiffs Salvacion B. Araza and Wilfredo F. Araza.

Procedural History and Implementation of the Writ

• On September 19, 1997, Court Administrator Alfredo L. Benipayo required the respondents to comment on the charges within ten (10) days after being notified.
• On June 30, 1999, the administrative case was referred to Judge Raymund M. Jacob of the Municipal Trial Court in Cities, Legazpi City for investigation, report, and recommendation; his report was submitted on October 27, 1999.
• Prior to the administrative proceedings, a series of events related to Civil Case No. 4256 had taken place:
• The trial court rendered a decision on February 25, 1997, and issued a writ of execution on April 15, 1997, appointing sheriff Marlon M. Garcia to implement the writ.
• On April 28, 1997, the writ was served on the judgment debtor, who subsequently failed to pay the judgment debt.
• On May 5, 1997, complainant, along with the respondent sheriffs, attempted to levy property at the judgment debtor’s hardware store but were hindered by the absence of the debtor and objections generated by defendant Agu.

Alleged Acts of Misconduct and Irregular Procedures

• Disagreement over the execution of the writ:
• Instead of proceeding with the levy, defendant Agu persuaded the sheriffs to hold off the inventory and attachment, leading to a promissory note being executed by her as a promise to pay later.
• The inventorial process was later conducted with the assistance of a third party, Rustom Galicia, after respondent sheriff Tonga suggested hiring a “technical” man—a suggestion which was contested by the complainant.
• Financial and procedural irregularities:
• It was reported that sheriff Garcia requested P1,000.00 from the complainant to be given to “assisting” sheriff Tonga—a demand refused by the complainant, who instead paid the amount directly to Rustom Galicia.
• Respondent Garcia accepted a promissory note from the judgment debtor and allowed the hardware property to remain under the debtor’s custody, which later resulted in the items being susceptible to disposal.
• Partial cash payments were made by the judgment debtor on subsequent dates, but the handling of these funds and the proceeds from the eventual auction (where hardware materials were sold for a vastly undervalued sum of P3,000.00 against an estimated P51,515.00) raised serious questions of proper procedure.
• Further, respondent Garcia failed to remit government fees amounting to P680.00 to the clerk of court, thereby depriving the court its lawful dues as mandated by applicable rules and administrative circulars.

Judicial Findings in the Investigation

• Judge Jacob’s report:
• Recommended the dismissal of the administrative complaint against respondent sheriff Nicolas A. Tonga for lack of sufficient evidence; however, this recommendation was not accepted by the Court.
• Found sufficient evidence to convict respondent sheriff Marlon M. Garcia of misconduct for dereliction in the execution of the writ, unauthorized delegation, extortion-like conduct, and failure to safeguard the seized property and proper remittance of fees.

Issue:

• Whether the actions of respondent sheriff Marlon M. Garcia in the implementation of the writ—specifically his unauthorized conduct, deviation from prescribed procedures, and solicitation of money from the complainant—constitute grave misconduct and a violation of administrative circulars.

• Whether respondent sheriff Nicolas A. Tonga is liable for his participation in the improper execution of the writ, including the unauthorized suggestion to hire a “technical” man to assist in making an inventory.

• Whether the acceptance of a promissory note, the failure to secure immediate possession of the levied property, and the mismanagement of collected sums (including the non-remittance of government fees) collectively amount to serious misconduct prejudicial to the service.

• Whether the conduct of the sheriffs as a whole, by deviating from the strict execution mandated by the writ, undermines the integrity of the judicial process as required by law and administrative guidelines such as Supreme Court Administrative Circular No. 31-90.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)