Case Digest (A.M. No. P-09-2690)
Facts:
- The Office of the Court Administrator (OCA) filed a complaint against Deputy Sheriffs Noel R. Ong and Alvin A. Buencamino from the Metropolitan Trial Court (MeTC) in Caloocan City.
- The case originated from a decision by Judge Belen B. Ortiz on October 20, 2008, in Civil Case No. 27211, which ordered defendants to vacate a property and pay rental arrears.
- Sheriff Ong was assigned to levy the defendants' personal property, specifically a 1999 Isuzu Fuego owned by Regina Bustamante.
- On October 15, 2004, Sheriff Ong requested to inhibit himself from the case, leading to Deputy Sheriff Buencamino taking over the implementation, pending Judge Edwin Ramizo's approval.
- An amicable settlement was reached, with the plaintiff waiving her claim on the Isuzu Fuego, prompting the defendants to file for the vehicle's immediate release.
- On June 1, 2005, Judge Ortiz ordered Buencamino to report on the writ's implementation; Buencamino claimed he had not acted due to the lack of Judge Ramizo's conformity and stated that Ong had custody of the vehicle.
- It was discovered that Buencamino had used the vehicle for personal errands, as recorded in the court parking lot's logbook.
- The Isuzu Fuego was reported as carnapped on January 29, 2005.
- After Buencamino's death on August 31, 2008, Executive Judge Mariam G. Bien conducted a hearing, revealing no effective appointment of Buencamino as special sheriff and misuse of the vehicle by both sheriffs.
- The OCA recommended finding both sheriffs guilty of dishonesty, grave misconduct, and gross neglect of duty, with Ong facing dismissal and Buencamino's retirement benefits forfeited.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found both Deputy Sheriffs Ong and Buencamino guilty of grave misconduct and gross neglect of duty.
- Ong was dismissed from service with forfeiture of all retirement benefits, except accrued leave credits, and was permanently disqualified from re-employment in any government ag...(Unlock)
Ratio:
- The Court's decision was based on the failure of both respondents to safeguard the levied Isuzu Fuego, which was reported l...continue reading
Case Digest (A.M. No. P-09-2690)
Facts:
The case involves the Office of the Court Administrator (OCA) as the complainant against Deputy Sheriffs Noel R. Ong and Alvin A. Buencamino, both of the Metropolitan Trial Court (MeTC) in Caloocan City. The events leading to this administrative case began on October 20, 2008, when Judge Belen B. Ortiz of MeTC Branch 49 issued a decision in Civil Case No. 27211, ordering the defendants to vacate the property and pay rental arrears. In the execution phase, Sheriff Ong was tasked with levying the defendants' personal property, specifically a 1999 Isuzu Fuego registered under defendant Regina Bustamante. On October 15, 2004, Sheriff Ong requested to inhibit himself from further implementing the writ of execution, which was granted, and Deputy Sheriff Buencamino was appointed to take over the implementation, pending Judge Edwin Ramizo's conformity.
Subsequently, the parties reached an amicable settlement, with the plaintiff waiving her claim on the Isuzu Fuego. The defendants filed a motion for the vehicle's immediate release. On June 1, 2005, Judge Ortiz ordered Buencamino to report on the writ's implementation. Buencamino explained that he had not implemented the writ due to the lack of Judge Ramizo's conformity and stated that Ong had custody of the vehicle. Ong, in turn, claimed he had turned over the keys to Buencamino. However, it was revealed that Buencamino had used the vehicle for personal errands, as documented in the court parking lot's logbook. The Isuzu Fuego was reported as ...