Facts:

• Eleanor P. Olivan filed a sworn administrative complaint against Arnel Jose A. Rubio, Deputy Sheriff IV of the Office of the Clerk of Court (OCC), Regional Trial Court (RTC) in Naga City.
• Olivan accused Rubio of malversation.
• Olivan is the daughter-in-law and representative of the applicants in a land registration case.
• The Court of Appeals decided the case in their favor, and a writ of execution was issued.
• Rubio was tasked to enforce the writ and received P20,000 from Olivan as partial payment for his expenses.
• Rubio failed to execute the decision and did not return the remaining cash of P22,866 to Olivan.

Issue:

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Ruling:

• The court found Rubio guilty of serious misconduct and dishonesty.
• The court adopted the findings and recommendation of the Office of the Court Administrator (OCA).
• Rubio was ordered dismissed from service with forfeiture of all retirement benefits and privileges,...(Unlock)

Ratio:

• The court based its decision on Section 10 of the Revised Rules on Execution, which governs the deposit and payment of expenses incurred in enforcing writs.
• Rubio failed to comply with the prescribed procedure by receiving money from Olivan without making an estimate and securing prior approval of the court.
• This violated the rules and constituted serious misconduct.
• Rubio's failure to turn over the received amount to the OCC amounted to misappropriation of funds and dishonesty.
• Dishonesty and grave misconduct were found to...continue reading