Facts:
In Golden Sun Finance Corporation, represented by Rachelle L. Marmito, complainant, v. Ricardo R. Albano, Sheriff III, Metropolitan Trial Court (MeTC), Branch 62, Makati City, A.M. No. P-11-2888 (formerly A.M. OCA I.P.I. No. 09-3252-P), July 27, 2011, Supreme Court Second Division, Brion, J., writing for the Court.The complainant, Golden Sun Finance Corporation (GSFC), through its Head Auditor Rachelle L. Marmito, filed a verified administrative complaint on September 1, 2009 charging Ricardo R. Albano, Sheriff III of MeTC, Branch 62, Makati City, with negligence and grave misconduct. GSFC alleged that on January 7, 2009 it had filed a civil action for replevin (Civil Case No. 0964026) in the Regional Trial Court (RTC), Quezon City, Branch 81 to recover a Honda Civic Sedan registered in the name of Lucila S. Reyes; the vehicle was encumbered in GSFC’s favor as shown in the Certificate of Registration (CR) issued by the Land Transportation Office (LTO).
GSFC averred that, notwithstanding the RTC replevin proceedings, respondent Albano levied upon the same motor vehicle pursuant to a writ of execution issued on March 27, 2009 by MeTC, Makati City, Branch 62 in Criminal Case Nos. 353822‑23 (for violation of BP Blg. 22 against Reyes), and thereafter sold it at public auction on April 29, 2009 to Royal Makati Credit Resource, which was issued a Certificate of Sale. GSFC claimed the levy and sale were illegal because the vehicle was encumbered in its favor prior to any claim by Royal Makati Credit Resource and because the respondent failed to check the CR, thus evidencing negligence.
Respondent told the Office of the Court Administrator (OCA) that the CR was never shown to him and that he had no knowledge of the vehicle’s encumbrance or of the pending writ of replevin lodged by GSFC; he maintained he acted within the scope of his ministerial duties in enforcing the writ of execution. The OCA’s Memorandum Report (Nov. 3, 2010) found the encumbrance was duly recorded at the LTO and Register of Deeds (constructive notice), concluded the sheriff was charged with knowledge, and — relying on Caja v. Nanquil — recommended redocketing as a regular administrative matter, finding respondent administratively liable for simple neglect and recommending suspension without pay for one month and one day.
The Court directed that the complaint b...(Pro-only)
Issues:
- Whether respondent Sheriff Ricardo R. Albano is administratively liable for negligence and grave misconduct for levying on and selling the motor vehicle.
- Whether the sheriff’s levy and sale of a motor vehicle encumbered by a chattel mortgage — recorded with the LTO and Register of Deeds and prior to foreclosure — was improper under Section 9(b), Rule 39 of the Rules of Court and related law.
- Whether the OCA correctly applied Caja v. Nanquil...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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