Facts:

The case involves Judge Gregorio R. Balanag, Jr. as the complainant against Alonzo B. Osita, Sheriff IV of the Regional Trial Court of Alabel, Sarangani. The events leading to the complaint began with a decision rendered by the Municipal Circuit Trial Court of Kiamba-Maitum, Sarangani on August 8, 1995, in Civil Case No. 281, titled "Felicidad and Arsenio Gadut, et al. vs. Diahing Saliang, et al." The trial court issued a writ of execution on October 4, 1996, aimed at restoring possession to the plaintiffs and satisfying a monetary judgment of P40,000.00. Sheriff Osita was assigned to implement this writ. On January 20, 1997, Sheriff Osita submitted a Return of the Writ of Execution and Notice of Levy, indicating that he had harvested 172 sacks of rice, which he sold for P60,102.00. After incurring expenses totaling P49,535.00, he turned over the net proceeds of P10,567.00 to Arsenio Gadut, one of the plaintiffs.

However, Atty. H. Echavez-Villondo, the counsel fo...

Facts:

Case Background

• The case originated from a decision rendered by the Municipal Circuit Trial Court of Kiamba-Maitum, Sarangani, on August 8, 1995, in Civil Case No. 281, entitled Felicidad and Arsenio Gadut, et al. vs. Diahing Saliang, et al., for Forcible Entry and Damages.
• The trial court issued a writ of execution on October 4, 1996, to restore possession to the plaintiffs and to satisfy a money judgment of P40,000.00.
• Respondent Alonzo B. Osita, Sheriff IV of the Regional Trial Court of Alabel, Sarangani, was tasked with implementing the writ.

Implementation of the Writ

• Sheriff Osita harvested 172 sacks of rice and sold them for P60,102.00.
• He incurred expenses totaling P49,535.00, leaving net proceeds of P10,567.00, which he turned over to Arsenio Gadut, one of the plaintiffs.

Controversy Over Expenses

• Atty. H. Echavez-Villondo, counsel for the plaintiffs, questioned the exorbitant expenses for lodging and meals amounting to P10,000.00.
• Sheriff Osita justified the expenses as necessary for the "High Morale of the Troops", which included over 20 escorts from the PNP, RMF, SF/CAFGU, and Marines.
• Atty. Echavez-Villondo argued that Sheriff Osita violated Section 9, Rule 141 of the Rules of Court by failing to secure the court's prior approval for these expenses.

Plaintiffs' Satisfaction

• In his defense, Sheriff Osita submitted an Affidavit of Arsenio Gadut, stating that Gadut was fully satisfied with the implementation of the writ and had no complaints.
• Later, a Joint-Affidavit from all plaintiffs was submitted, expressing their satisfaction with Sheriff Osita's actions and stating that the expenses were voluntarily incurred by them.

OCA's Findings

• The Office of the Court Administrator (OCA) found that Sheriff Osita failed to comply with Section 9, Rule 141 by not securing the court's approval for the estimated expenses and by not turning over the proceeds to the clerk of court.
• The OCA recommended a fine of P5,000.00 for Sheriff Osita.

Issue:

1. Whether Sheriff Osita violated Section 9, Rule 141 of the Rules of Court by failing to secure the court's prior approval for the estimated expenses incurred in implementing the writ of execution.
2. Whether Sheriff Osita failed to comply with the proper procedure for turning over the proceeds of the levy to the clerk of court.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

Sheriff Osita was found guilty of simple neglect of duty for failing to comply with Section 9, Rule 141 and for mishandling the proceeds of the levy. He was fined P5,000.00 and warned against repeating such actions.