Case Digest (A.M. No. P-96-1227 Formerly)
Facts:
Renato L. Lirio v. Arturo A. Ramos, A.M. No. P-96-1227, October 11, 1996, Supreme Court Third Division, Davide, Jr., J., writing for the Court.On 30 March 1995, Lilia T. Aaron filed a civil complaint in the Regional Trial Court (RTC) of Makati City, Branch 66 (Civil Case No. 95-521), seeking specific performance and damages and asking for preliminary attachment and injunctive relief. On 6 April 1995, after an ex parte hearing, the RTC issued an order finding grounds for a preliminary writ of attachment and directed that a preliminary writ of attachment issue for property "with a value of P11,382,000.00," and temporarily enjoined the defendants from disposing of the house and lot covered by TCT No. 149433. On 10 April 1995, after Aaron posted bond, the writ was issued and commanded the sheriff to attach "the estate, real and personal, of the said defendants" to the value of the claim.
On 11 April 1995, respondent Arturo A. Ramos, sheriff, filed with the Makati Register of Deeds a "Notice of Attachment and/or Levy" attaching the rights, shares and interests of the defendants (here, Renato L. Lirio and his wife) in properties covered by TCT Nos. 183949 and 199480 and shares in the Ayala Alabang Homeowners Association, but did not attach the property covered by TCT No. 149433, which Aaron had said was covered by a restraining order.
Lirio moved in the RTC to exclude the attached properties and to cite Ramos for contempt; the RTC, in an order dated 24 May 1995, granted exclusion of the attached properties (ordering attachment instead of TCT No. 149433) but denied the contempt motion. Aaron filed a petition for certiorari with the Court of Appeals (CA-G.R. SP No. 37489). On 30 June 1995 the Court of Appeals dismissed the petition, but in its discussion held that the sheriff acted irregularly by levying properties other than that indicated in the RTC order and criticized the sheriff’s apparent obedience to the plaintiff’s instigation rather than strict execution of the court order.
Pursuant to the CA decision, Renato L. Lirio filed an administrative complaint dated 31 July 1995 against Sheriff Arturo A. Ramos charging grave misconduct and acts inimical to the judiciary and seeking dismissal. In his comment, Ramos admitted levying the two Alabang lots and HOA shares and defended his acts as customary practice (information supplied by the plaintiff), contending that the April 6 order did not specify only TCT No. 149433 and that the TRO effectively protected that property; he also later asserted, based on tax declarations obtained post-levy, that the attached lots’ aggregate market value was far below the claimed P30 million.
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Issues:
- Did respondent Sheriff Arturo A. Ramos commit neglect, dereliction of duty, or other administrative misconduct in the levy and execution of the writ of preliminary attachment?
- If respondent is administratively liable, what penalt...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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