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 t...

Facts:

1. Complaint by the Rural Bank of Guihulngan: The Office of the Court Administrator (OCA) received a complaint from the Rural Bank of Guihulngan (Negros Oriental), Inc., against Ricky Montejar, Sheriff of the Regional Trial Court, Branch 64, Guihulngan, Negros Oriental. The complaint alleged irregularities in the respondent's official duties in implementing writs of execution in six civil cases where the complainant bank was the plaintiff.

2. Specific Allegations:

   • Civil Case No. 352: The respondent received P7,000.00 as sheriff's fees without a court-approved estimate of expenses and failed to attach receipts or documents to support his liquidation report.
   • Civil Cases No. 01-7-135 and 375: The respondent failed to submit liquidation reports for the expenses incurred in implementing the writs of execution.
   • Civil Cases No. 01-7-135, 352, 01-2-127, 429, and 426: The respondent failed to fully execute the writs of execution.

3. Respondent's Defense:

   • The respondent denied the charges, claiming that the writs were properly enforced but returned unexecuted or partially executed because the defendants no longer had properties.
   • He admitted losing receipts for Civil Case No. 352 and claimed that the complainant bank failed to pay approved sheriff's expenses in Civil Cases No. 01-2-127 and 429.

4. OCA Evaluation: The OCA found the respondent guilty of simple misconduct for violating Section 10, Rule 141 of the Rules of Court, which governs sheriff expenses. The OCA recommended a fine equivalent to two months' salary, considering the respondent's death during the pendency of the case.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Violation of Section 10, Rule 141: The respondent failed to comply with the rules on sheriff expenses, which require:

   • Submission of a court-approved estimate of expenses.
   • Deposit of the approved amount with the clerk of court.
   • Proper liquidation of expenses with supporting receipts.
   • Refund of any unspent amount to the interested party.

2. Direct Receipt of Funds: The respondent admitted receiving P7,000.00 directly from the complainant bank, which is prohibited under the rules. He also failed to properly liquidate the amounts received.

3. Simple Misconduct: The respondent's actions constituted simple misconduct, defined as a transgression of established rules or negligence by a public officer. There was no evidence of corrupt intent or willful violation of the law, which would have warranted a finding of grave misconduct.

4. Penalty Modification: Due to the respondent's death, the Court imposed a fine of P20,000.00 instead of the OCA's recommended two months' salary.