Title
Resurreccion vs. Ibuna, Jr.
Case
A.M. No. P-04-1783
Decision Date
Aug 7, 2006
A sheriff is suspended for six months and given a warning for preparing a demand letter and acting as a collection agent, compromising the integrity of the court.
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Case Digest (A.M. No. P-04-1783)

Facts:

  • Leticia S.A. Resurreccion filed an affidavit-complaint against Rustico I. Ibuna, Jr., Sheriff IV at the Regional Trial Court in Binangonan, Rizal, on November 19, 2002.
  • The complaint alleged that Ibuna violated Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.
  • Resurreccion purchased bighead carp fingerlings worth PHP 450,000 from Liberty Aralar and paid the full amount.
  • On November 8, 2002, Ibuna prepared and personally delivered a letter demanding an additional PHP 250,000 on behalf of Aralar.
  • Resurreccion claimed that Ibuna used his official position to harass her.
  • Ibuna admitted to preparing and delivering the demand letter but denied any harassment, asserting he was merely helping Aralar without expecting any compensation.
  • The Office of the Court Administrator (OCA) investigated and determined that Ibuna acted beyond his official duties in preparing the demand letter.
  • The OCA recommended reprimanding Ibuna for conduct unbecoming of his office and warned him against future similar actions.

Issue:

  • (Unlock)

Ruling:

  1. Rustico I. Ibuna, Jr. committed misconduct.
  2. Ibuna's actions compromised...(Unlock)

Ratio:

  • The Supreme Court determined that Ibuna committed simple misconduct and conduct unbecoming of his office by preparing and delivering a demand letter for Liberty Aralar.
  • The duties of a sheriff, as outlined in the 2002 Revised Manual for Clerks of Court, do not include preparing demand letters, a task designated for legal professionals.
  • By acting as a counsel and collection agent for Aralar, Ibuna exceeded his official capacity and used his position to advance one individual's interest over another, thus compromising the court's integrity.
  • The Cou...continue reading

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