Case Digest (A.M. No. P-10-2860)
Facts:
- Renato Miguel D. Garcia filed a complaint against Ricky Montejar, Sheriff of the Regional Trial Court, Branch 64, Guihulngan, Negros Oriental.
- The complaint was lodged with the Office of the Court Administrator (OCA) due to alleged misconduct in executing writs of execution in six civil cases involving the Rural Bank of Guihulngan.
- Specific allegations included:
- Montejar received P7,000.00 as sheriff's fees for executing a writ in Civil Case No. 352 without a court-approved estimate of expenses and failed to provide receipts for his liquidation report.
- He did not submit a liquidation report for expenses in Civil Case No. 01-7-135 and Civil Case No. 375.
- He did not fully execute the writs in several civil cases, including Civil Case No. 01-7-135, Civil Case No. 352, Civil Case No. 01-2-127, Civil Case No. 429, and Civil Case No. 426.
- Montejar denied the allegations, claiming he properly enforced the writs, which were returned unexecuted or partially executed due to the defendants lacking properties.
- He stated that he lost the receipts for his liquidation report in Civil Case No. 352 and that the funds for Civil Case No. 375 were properly approved.
- The OCA evaluated the complaint and recommended treating it as an administrative case.
- In a memorandum dated January 23, 2009, the OCA found Montejar guilty of simple misconduct and recommended a fine equivalent to two months' salary, considering his death during the proceedings.
Issue:
- (Unlock)
Ruling:
- The court found Ricky Montejar guilty of simple misconduct.
- A fine of Twenty Thousand Pesos (P20,000.00) was imposed, to be d...(Unlock)
Ratio:
- The court concurred with the OCA's findings, noting that Montejar violated procedures outlined in Section 10, Rule 141 of the Rules of Court regarding sheriff's expenses.
- The rules require sheriffs to provide an estimate of expenses for court approval, with payments made through the clerk of court, not directly from the interested party.
- Montejar's admission of directly receiving P7,000.00 from the complainant bank and his failure to substantiate his liquidation reports indicated a disregard...continue reading
Case Digest (A.M. No. P-10-2860)
Facts:
The case involves Renato Miguel D. Garcia as the complainant against Ricky Montejar, who served as the Sheriff of the Regional Trial Court, Branch 64, Guihulngan, Negros Oriental. The complaint was filed with the Office of the Court Administrator (OCA) and stemmed from allegations of misconduct by Montejar in executing writs of execution in six civil cases where the Rural Bank of Guihulngan was the plaintiff. The specific accusations included: (1) Montejar received P7,000.00 as sheriff's fees for executing a writ in Civil Case No. 352 without a court-approved estimate of expenses and failed to provide receipts for his liquidation report; (2) he did not submit a liquidation report for expenses incurred in Civil Case No. 01-7-135 and Civil Case No. 375; and (3) he did not fully execute the writs in several civil cases, including Civil Case No. 01-7-135, Civil Case No. 352, Civil Case No. 01-2-127, Civil Case No. 429, and Civil Case No. 426. In his defense, Montejar denied the allegations, asserting that he had properly enforced the writs, although they were returned unexecuted or partially executed due to the defendants lacking properties. He claimed that he lost the receipts for his liquidation report in Civil Case No. 352 and that the funds for Civil Case No. 37...