Case Digest (A.M. No. P-96-1184)
Facts:
National Bureau of Investigation and Santiago N. Salvador v. Rodolfo G. Tuliao, A.M. No. P-96-1184, March 24, 1997, the Supreme Court Third Division, Panganiban, J., writing for the Court.
Complainant Santiago N. Salvador purchased a passenger jeep from Lito G. Ignacio and paid a P50,000 down payment plus monthly amortizations until April–May 1994; Ignacio’s brother collected two installments but failed to remit them, prompting Ignacio to file a collection suit in the Regional Trial Court (RTC) of Cauayan, Isabela, Branch 20 (Civil Case No. 20-757). The RTC issued an order directing the sheriff to attach the passenger jeep.
Pursuant to the writ, respondent Rodolfo G. Tuliao, then Deputy Provincial Sheriff of RTC Cauayan, executed an attachment but did not take the jeep into his custody; instead he released it to Ignacio after the latter executed a receipt and an undertaking to produce the jeep when required by the court. Complainant sought discharge of the attachment by filing a counterbond; after some procedural defects a counterbond was approved and, by an order dated July 13, 1994, the trial court directed the sheriff to release the attached vehicle to the defendant. Respondent refused to follow the court’s decretal order and allowed Ignacio to retain the jeep; Ignacio later moved the jeep to an unknown location.
While a motion for contempt against respondent was pending, Civil Case No. 20-757 was dismissed on August 31, 1994 because jurisdiction had been transferred to the municipal trial court under Republic Act No. 7691. Complainant then filed an administrative complaint against respondent with the Tuguegarao Sub-Office (TUGSO) of the National Bureau of Investigation (NBI); the NBI investigated (statements taken November 24, 1994), and respondent, invoking his right to remain silent, refused custodial interrogation but later submitted a Compliance (July 22, 1995) and an Answer (August 4, 1995).
Agents Franklin Javier and Raul A. Ancheta recommended filing an administrative case with the Office of the Court Administrator (OCA); Atty. Gerarda G. Galang of the NBI Legal and Evaluation Division concurred, and Director Mariano M. Mison transmitted the evaluation and recommendation to the Court on November 13, 1995. After respondent’s comment (April 20, 1996), the Court referred ...(Subscriber-Only)
Issues:
- Was respondent Sheriff Rodolfo G. Tuliao administratively liable for failing to take and safely keep the attached passenger jeep in his custody in violation of the RTC order and the Rules of Court?
- If so, are respondent’s defenses — that the court lacked storage facilities and that the attaching creditor undertook to produce the jeep when required — valid mitigating circ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)