Facts:

• Complaint filed against Rodolfo M. Espartinez, a Sheriff IV of the Regional Trial Court (RTC) in Legaspi City, for grave abuse of authority and gross misconduct.
• Complaint filed by Arturo Q. Pelgone, alleging that the respondent Sheriff demolished his property without proper notification or authorization.
• Events started with LRC Case No. N-400, where a decision was rendered by the RTC on October 11, 1984, granting the registration of three parcels of land in the name of Felisa Marbella.
• On February 8, 1993, the RTC issued a writ of possession, commanding the respondent Sheriff to place Marbella in possession of the premises.
• Oppositors, including the complainant, were ordered to vacate the property within 20 days from notice.
• After their failure to vacate, Marbella filed a motion for the issuance of a writ of demolition.
• A writ of demolition was issued on December 15, 1993, ordering the removal of all improvements and constructions on the property.
• The writ was served by the respondent Sheriff on the oppositors on December 20, 1993, with a directive to vacate within 20 days.
• The period was later extended to 30 days, until January 20, 1994, due to the holidays.
• On January 24, 1994, the respondent Sheriff, accompanied by police officers, proceeded to demolish the house of the complainant and another individual named Romualdo Magas.
• Complainant allegedly requested the respondent Sheriff to delay the demolition for a few minutes to allow him to take a snack, to which the respondent Sheriff agreed.
• Upon the complainant's return, he found that his property had already been demolished.
• The steel gate and twelve wooden beams were sawed off, ten pieces of G.I. sheets were torn, and twenty pieces of "lawanit board" used as double walling and ceiling were detached.
• The area was fenced off to prevent the complainant from retrieving the demolished items, water pipes, and hollow blocks.

Issue:

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Ruling:

• The court found that the respondent Sheriff fell short of circumspection in properly carrying out the writ of execution.
• The court did not find that the respondent Sheriff abused his authority in effecting the demolitio...(Unlock)