Case Digest (A.M. No. P-1549)
Facts:
- Raul C. Briz filed an administrative complaint against Deputy Sheriffs Faustino Encinares Jr. and Glicerio Lumuthang on January 12, 1977.
- The complaint accused the respondents of oppression, dishonesty, and incompetence during the execution of a Writ of Execution in Civil Case No. 500-D.
- On November 27, 1975, the respondents seized Raul's passenger jeep, claiming it was under embargo, despite Raul not being a party to the case.
- No legal documents were provided to justify the seizure, and the jeep was awarded to Sofronio Pude, the plaintiff.
- An additional allegation of dishonesty involved a demand for P1,000 from Camilo Briz to prevent property attachment, with P500 being received.
- The respondents denied the allegations, asserting their actions were lawful.
- An investigation resulted in a report by the Investigating Judge, which was reviewed and adopted by the Deputy Court Administrator and the Court Administrator.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found the respondents guilty of incompetence and grave abuse of authority, which constituted oppression.
- They were suspended from office for one month without pay and warned that future infractions would result in more severe ...(Unlock)
Ratio:
- The court's decision was based on substantial evidence indicating that the respondents failed to serve the Writ of Execution to the correct party, Camilo Briz.
- The writ was improperly served to Acme Briz, Camilo's wife, who was not involved in the case, reflecting a lack of diligence.
- The respondents com...continue reading
Case Digest (A.M. No. P-1549)
Facts:
The case "Briz v. Encinares, Jr." centers on an administrative complaint filed by Raul C. Briz against Deputy Sheriffs Faustino Encinares Jr. and Glicerio Lumuthang of the Court of First Instance of Davao del Norte. The complaint was initiated on January 12, 1977, alleging that the respondents engaged in acts of oppression, dishonesty, and incompetence while executing a Writ of Execution in Civil Case No. 500-D, where Raul's father, Camilo Briz, was the judgment debtor. On November 27, 1975, the respondents seized Raul's passenger jeep, which was parked at a bus terminal, claiming it was under embargo, despite Raul not being a party to the case. The respondents failed to present any legal documents authorizing the seizure. It later emerged that the jeep had been awarded to Sofronio Pude, the plaintiff in the civil case. Additionally, the dishonesty allegation stemmed from an incident on October 23, 1976, where the respondents purportedly demanded P1,000 from Camilo Briz to refrain from attaching his real estate properties, ultimately receiving P500. The respondents denied these allegations, asserting that their actions were within the scope of their legal authority. An investigation ensued, resulting in a report by the Investigating Judge, which was subsequently reviewed and adopted by both the De...