Case Digest (A.M. No. P-17-3652)
Facts:
Willy Fred U. Begay v. Atty. Paulino I. Saguyod, Clerk of Court VI, Regional Trial Court, Branch 67, Paniqui, Tarlac, A.M. No. P-17-3652 (Formerly OCA I.P.I. No. 15-4445-P), June 23, 2020, Supreme Court En Banc, Per Curiam.Complainant Willy Fred U. Begay owned the Garden of Samantha Memorial Park in Paniqui, Tarlac, consisting of three parcels. Begay filed Civil Case No. 008-13 in the Regional Trial Court (RTC), Paniqui, seeking among other reliefs nullification of certain mortgages and foreclosure proceedings and a writ of preliminary injunction pendente lite preventing the Rural Bank of San Luis Pampanga, Inc. (the movant-bank) from obtaining possession of the memorial park.
Unknown to Begay, the Rural Bank filed an ex parte motion for a writ of possession in Land Case No. 041-14 on December 2, 2014, claiming acquisition of one parcel (TCT No. 043-2014005232) via extrajudicial foreclosure. The trial court granted the ex parte motion in an Order dated April 17, 2015 and directed the Branch Clerk of Court to issue the writ of possession. On April 20, 2015 respondent Atty. Paulino I. Saguyod, Clerk of Court VI, issued the writ addressed to Deputy Sheriff George P. Clemente, Sheriff IV. Sheriff Clemente served a notice to vacate directed to Begay, although Begay was not named in Land Case No. 041-14.
Begay filed a Motion to Quash on April 21, 2015 and sought to be heard at the April 30 hearing, but alleged he was not included. Despite the pendency of his motion, on May 19, 2015 Sheriff Clemente, allegedly with Saguyod present, implemented the writ and physically took possession of a portion of the memorial park. Begay claimed Saguyod actively participated, conferring with bank officers, shouting invectives at his staff, and overseeing replacement of security with personnel from Golden Fort Security Agency, which Begay alleged was unregistered under R.A. No. 5487. Photographs in the record showed Saguyod at the scene and gesturing angrily.
On June 9, 2015, the trial court granted Begay’s motion to quash, recalled the April 17 Order, the April 20 Writ of Possession, and the April 20 Notice to Vacate, and allowed Begay to retake possession pending final resolution of Civil Case No. 008-13. The Office of the Court Administrator (OCA) investigated and, by Memorandum dated February 20, 2017, recommended that Saguyod be found guilty of simple misconduct and be dismissed from service with forfeiture of retirement benefits (except accrued leave) and barred from re-employment in government; the complaint against Sheriff Clemente was recommended dismissed for lack of merit. The OCA relied on the 2002 Revised Manual for Clerks of Court, the Code of Conduct for Court Personnel (including the RRACCS/RRACS), and photographic and testimonial evidence showing Saguyod’s presence and conduct during implementation.
On March 21, 2017, the Court en banc ordered the complaint against Sheriff Clemente dismissed and re-dockete...(Pro-only)
Issues:
- Whether respondent Atty. Paulino I. Saguyod committed simple misconduct by participating in and overseeing the implementation of the writ of possession.
- Whether Deputy Sheriff George P. Clemente is administratively liable for the implementation of the writ.
- What penalty, if any, is appropriate for Saguyod given his conduct a...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)