Case Digest (G.R. No. 238940)
Facts:
Judge Eleuteria Badoles-Algodon filed an administrative complaint against Rene D. Zaldivar, Sheriff III of the Municipal Trial Court in Cities (MTCC), Branch 2, Cagayan de Oro City, for gross neglect of duty and dishonesty, alleging that although 416 writs were assigned to him, he made returns only for 187 writs. The complaint cited three cases where executions were not properly implemented, including Northern Mindanao Sales Corporation v. Roger Mole, Anflo Motor Corporation v. Spouses Rogelio and Cecille Bucais, and People v. Balbino Privaldos; the OCA later recommended dismissal after investigation.
The Court found that the complainant judge’s “229 unreturned writs” allegation was not substantiated because she failed to present copies or a list of the writs during the proceedings, but it proceeded to consider the three cited cases, where respondent sheriff failed to execute the writs and did not adequately address the reporting requirement.
Issues:
- Whether the complainant judge proved by substantial evidence that respondent sheriff failed to execute and file returns for 229 writs.
- Whether respondent sheriff’s failures in the three cited cases warranted administrative liability for dishonesty and gross neglect of duty.
- Whether the proper penalty was dismissal from the service.
Ruling:
The Court found no basis to hold respondent sheriff liable for the alleged failure to execute and file returns for 229 writs because the complainant failed to provide the necessary evidentiary support.
However, the Court held respondent sheriff administratively liable in the three cited cases for failing, without justifiable reasons, to implement the writs and for noncompliance with mandatory periodic reporting; in the Northern Mindanao case, it further found that he received money in trust for the judgment creditor and failed to turn it over, constituting dishonesty aggravated by gross neglect of duty and gross inefficiency, and it dismissed him with forfeiture of retirement benefits (except accrued leave credits) and prejudice to re-employment.
The Court also ordered respondent sheriff to turn over P3,000 to the clerk of court within ten days from finality, and directed the OCA to investigate the other charges.
Ratio:
The Court emphasized that in administrative proceedings the complainant bears the burden of proving the allegations by substantial evidence; mere allegations and unsupported claims do not suffice, and there was nothing in the record showing the alleged failure to execute and report for 229 writs.
As to the three cited cases, the Court found respondent sheriff’s conduct reflected undue disregard of official duty, particularly his failure to implement writs and his failure to file the required sheriff’s returns or periodic reports under Rule 39 of the 1997 Rules of Civil Procedure. In the Northern Mindanao case, respondent sheriff accepted the judgment debtor’s payment in his official capacity for the purpose of satisfying the judgment but did not remit it to the judgment creditor or the court, which the Court characterized as misappropriation amounting to dishonesty.
Applying the administrative penalty rules in the civil service, the Court treated dishonesty as the most serious charge warranting dismissal on the first offense, with gross neglect of duty and gross inefficiency as aggravating circumstances.
Doctrine:
- In administrative proceedings, the complainant must prove the allegations by substantial evidence; mere allegation is not evidence.
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