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 foreclosur...

Facts:

Ownership and Litigation Background

• Complainant Willy Fred U. Begay owns the Garden of Samantha Memorial Park in Paniqui, Tarlac, consisting of three parcels of land. The property is under litigation in Civil Case No. 008-13, where Begay seeks to nullify real estate mortgages, promissory notes, foreclosure proceedings, and transfer certificates of title involving the Rural Bank of San Luis Pampanga, Inc.

Ex Parte Motion for Writ of Possession

• On December 2, 2014, the Rural Bank of San Luis filed an ex parte motion for a writ of possession (Land Case No. 041-14) claiming ownership of one parcel of land (TCT No. 043-2014005232) through an extrajudicial foreclosure sale. The motion was directed against Alejandro P. Bautista, the former owner, and others in possession of the property.

Complainant’s Claims

• Begay alleges that the Rural Bank failed to disclose his possession of the property as an owner and that Bautista never acquired possession. He also notes that Civil Case No. 008-13, questioning the property’s transfer to Bautista, is pending.

Issuance and Implementation of Writ of Possession

• On April 17, 2015, the trial court granted the ex parte motion and ordered the issuance of a writ of possession. Atty. Paulino I. Saguyod, Clerk of Court, issued the writ on April 20, 2015, addressed to Sheriff George P. Clemente. Sheriff Clemente served a notice to vacate on Begay, who was not a party to the case.

Motion to Quash and Forcible Takeover

• Begay filed a Motion to Quash on April 21, 2015, arguing that his due process rights were violated since he was not a party to the foreclosure proceedings. Despite the pending motion, on May 19, 2015, Sheriff Clemente and Atty. Saguyod forcibly took possession of the property, disarming Begay’s security guards and replacing them with an unlicensed security agency.

Allegations Against Atty. Saguyod

• Begay claims Atty. Saguyod actively participated in the writ’s implementation, including shouting invectives at his employees and conferring with the Rural Bank’s representatives. He also questions the timing of the ex parte hearing, alleging irregularities in the submission of evidence.

Trial Court’s Order to Quash

• On June 9, 2015, the trial court granted Begay’s Motion to Quash, allowing him to retake possession of the property pending final resolution of the case.

Issue:

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Ruling:

• (Unlock)

Ratio:

1. Atty. Saguyod’s Misconduct: Atty. Saguyod exceeded his authority as Clerk of Court by actively participating in the writ’s implementation, which is not within his functions under the 2002 Revised Manual for Clerks of Court. His presence at the scene, coupled with his intimidating behavior, constituted simple misconduct.
2. Sheriff Clemente’s Actions: Sheriff Clemente acted within his authority in implementing the writ, and there was no evidence of misconduct on his part.
3. Penalty for Simple Misconduct: Atty. Saguyod’s actions violated the Code of Conduct for Court Personnel. Since this was his second offense of simple misconduct, the penalty of dismissal was appropriate under the Revised Rules on Administrative Cases in the Civil Service (RRACS).
4. Judicial Integrity: The Court emphasized that court personnel must uphold the highest standards of conduct to maintain public trust in the judiciary. Atty. Saguyod’s actions undermined this trust, warranting his dismissal.