Case Digest (A.M. No. P-17-3652)
Facts:
- Complainant: Willy Fred U. Begay, owner of the Garden of Samantha Memorial Park in Paniqui, Tarlac.
- Respondents: Atty. Paulino I. Saguyod (Clerk of Court VI) and George P. Clemente (Sheriff IV) of the Regional Trial Court, Branch 67, Paniqui, Tarlac.
- Begay filed a case (Civil Case No. 008-13) against the Rural Bank of San Luis Pampanga, Inc. for nullification of real estate mortgages.
- On December 2, 2014, the bank filed an ex parte motion for a writ of possession regarding a parcel of land in the memorial park, claiming ownership through an extrajudicial foreclosure sale.
- The trial court granted the motion on April 17, 2015; Atty. Saguyod issued the writ on April 20, 2015, executed by Sheriff Clemente.
- Begay, not a party to the foreclosure, filed a Motion to Quash the writ, asserting ownership.
- On May 19, 2015, the respondents enforced the writ, removing Begay's security personnel and allowing the bank's representatives to occupy the property.
- Begay claimed the security agency was unlicensed and alleged improper participation by Atty. Saguyod.
- The trial court granted Begay's motion to quash on June 9, 2015, restoring his possession.
- The Office of the Court Administrator (OCA) recommended finding Atty. Saguyod guilty of simple misconduct; the complaint against Sheriff Clemente was dismissed.
Issue:
- (Unlock)
Ruling:
- Atty. Paulino I. Saguyod was found guilty of simple misconduct and dismissed from service, with forfeiture of retirement benefits except for accrued leave credits.
- The compla...(Unlock)
Ratio:
- The Court upheld the OCA's findings, stating Atty. Saguyod exceeded his authority by participating in the writ's implementation, which was not his role as he was not the designated sheriff.
- The writ was directed to Sheriff Clemente, who was responsible for i...continue reading
Case Digest (A.M. No. P-17-3652)
Facts:
The case involves Willy Fred U. Begay (complainant) against Atty. Paulino I. Saguyod, Clerk of Court VI, and George P. Clemente, Sheriff IV, both of the Regional Trial Court (RTC), Branch 67, Paniqui, Tarlac (respondents). The events leading to the complaint began when Begay, the owner of the Garden of Samantha Memorial Park in Estacion, Paniqui, Tarlac, filed a case against the Rural Bank of San Luis Pampanga, Inc. (the bank) for the nullification of real estate mortgages and related matters, which was docketed as Civil Case No. 008-13. On December 2, 2014, unbeknownst to Begay, the bank filed an ex parte motion for a writ of possession regarding a parcel of land within the memorial park, claiming it had purchased the property through an extrajudicial foreclosure sale. The trial court granted this motion on April 17, 2015, and Atty. Saguyod issued the writ of possession on April 20, 2015, which was executed by Sheriff Clemente.
Begay, who was not a party to the foreclosure proceedings, filed a Motion to Quash the writ, asserting his ownership and possession of the property. Despite this, on May 19, 2015, the respondents forcibly implemented the writ, leading to the removal of Begay's security personnel and the occupation of the property by the bank's representatives. Begay alleged that the security agency involved was unlicensed and that Atty. Saguyod had improperl...