Title
Calo vs. Dizon
Case
A.M. No. P-07-2359
Decision Date
Aug 11, 2008
Sheriff Dizon failed to fully execute a writ, delayed reports, and mishandled cases, leading to a finding of simple neglect of duty. A fine was imposed posthumously.
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Case Digest (A.M. No. P-07-2359)

Facts:

  1. Background of the Case:

    • The administrative case arose from a letter by Mr. Melo M. Acuna, Station Manager of Radio Veritas, informing the Office of the Court Administrator (OCA) about the plight of Mrs. Pablea Tamayo, the plaintiff in Civil Case No. 18787 (an unlawful detainer case) pending before the Metropolitan Trial Court (MeTC), Branch 59, Mandaluyong City.
    • The MeTC ruled in favor of Mrs. Tamayo on 29 April 2003, ordering the defendants to vacate the premises and pay attorney’s fees and costs of suit.
  2. Issuance of Writ of Execution:

    • A writ of execution was issued on 14 September 2004, addressed to Sheriff Ricardo Dizon, directing him to enforce the judgment by removing the defendants from the premises and collecting monetary awards.
  3. Failure to Implement the Writ:

    • Sheriff Dizon failed to fully implement the writ. While he eventually turned over the premises to Mrs. Tamayo on 31 January 2005, he did not satisfy the monetary judgment.
    • Judge Ofelia Calo, in her report dated 18 April 2005, found Sheriff Dizon’s explanation unsatisfactory and noted irregularities, including an unapproved P10,000.00 sheriff’s fee and failure to exert reasonable efforts to enforce the writ.
  4. Other Cases Involving Sheriff Dizon:

    • Judge Calo cited several other cases where Sheriff Dizon’s integrity was questioned, including delays in implementing writs, failure to submit timely reports, and improper handling of attached properties.
  5. Sheriff Dizon’s Defense:

    • Sheriff Dizon claimed he could not immediately act on the writ due to the lack of police assistance and the defendants’ hostile behavior. He denied receiving the P10,000.00 sheriff’s fee and argued that the monetary judgment could not be satisfied due to the defendants’ lack of leviable properties.
  6. OCA’s Findings and Recommendations:

    • The OCA found Sheriff Dizon guilty of simple neglect of duty for failing to implement writs, submit timely reports, and comply with court rules. It recommended a three-month suspension.
  7. Sheriff Dizon’s Death:

    • Sheriff Dizon passed away on 12 March 2008, before the resolution of the case.

Issue:

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Ruling:

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Ratio:

  1. Sheriff’s Ministerial Duty:

    • A sheriff’s duty in executing a writ is purely ministerial. He must enforce court orders strictly and promptly without delay. Sheriff Dizon’s failure to fully implement the writ and submit timely reports constitutes a breach of this duty.
  2. Simple Neglect of Duty:

    • Simple neglect of duty is defined as the failure to give attention to a task expected of an employee, resulting from carelessness or indifference. Sheriff Dizon’s repeated failures in implementing writs and submitting reports demonstrate such neglect.
  3. Burden of Proof in Administrative Cases:

    • In administrative proceedings, the complainant must prove the allegations by substantial evidence. While Mrs. Tamayo failed to prove that Sheriff Dizon received the P10,000.00 sheriff’s fee, his other lapses were sufficiently established.
  4. Penalty for Simple Neglect of Duty:

    • Under the Uniform Rules on Administrative Cases in the Civil Service, simple neglect of duty is punishable by suspension for one month and one day to six months for the first offense. However, due to Sheriff Dizon’s death, the Court imposed a fine instead of suspension.
  5. Importance of Sheriffs in the Justice System:

    • Sheriffs play a crucial role in the administration of justice by ensuring the enforcement of court judgments. Their failure to perform their duties undermines public trust in the judiciary.


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