G.R. No. 268546 - An Waray Party-List vs. Commission on Elections

On May 19, 2007, an accident occurred involving complainant Felisicimo’s Isuzu Elf Truck (Plate No. GJY-476) and a van driven by PO2 Recto Aquino.
The subject truck was used by complainants for their livelihood, and the collision resulted in damages, leading to unresolved issues between the parties.

PO2 Aquino filed a civil case for damages and attorney’s fees (Civil Case No. 345) against Felisicimo and a certain Roger Saso, the driver/owner of the truck, in the 2nd Municipal Circuit Trial Court of Mlang-Matalam, Cotabato.
On December 8, 2011, respondent Benedict M. De Juan, Sheriff IV of the RTC of Kabacan, North Cotabato, together with PO2 Aquino, went to the complainants’ residence and, based on a Writ of Execution dated June 14, 2011, allegedly forcibly took possession of the subject truck.

Complainants alleged procedural irregularities in the execution of the judgment, including:

Failure to furnish a Notice of Sheriff’s Sale concerning the subject truck.
Inadequate conduct during the levy whereby an alleged auction sale was not implemented in public, resulting in the complainants not receiving any excess proceeds even though the truck’s market value was significantly higher than the judgment debt of less than ₱80,000.00.
The conspiracy between respondent and PO2 Aquino in appropriating the truck for personal benefit, contrary to the options afforded to judgment debtors under the Rules of Court.
Observation by Zenaida Sabijon that the truck was operated by someone other than PO2 Aquino, suggesting further irregularities.

Respondent claimed that he was merely enforcing the writ of execution and acted in good faith.
He explained that his initial visit on November 25, 2011, was unsuccessful due to the absence of the complainants, prompting a follow-up on December 8, 2011.
On December 21, 2011, a Notice of Sale on Execution of Personal Property was issued, with a subsequent public auction scheduled on December 29, 2011, at the Hall of Justice of the RTC, which ultimately resulted in the truck being awarded to PO2 Aquino due to lack of participation.
Respondent admitted to not timely filing the required Sheriff’s Return, attributing the delay to being the sole active Sheriff after his colleagues retired or were on leave, and contested the complainants’ valuation of the vehicle, citing its depreciated condition.

In its Report and Recommendation dated September 11, 2014, the OCA found respondent administratively liable for:

Immediate levy of the subject truck, thereby nullifying the complainants’ option to choose which property to levy upon.
Failure to secure the levied property in custody.
Omission in preparing and filing the Sheriff’s Return within the prescribed period.

The OCA further questioned the existence of an actual public auction sale based solely on the respondent’s uncorroborated allegation.
The respondent’s claim regarding the truck’s valuation was also contested, given evidence that it had been mortgaged for a loan exceeding ₱149,000.00.

Whether or not the respondent, as a Sheriff and officer of the court, is administratively liable for:

Whether his actions, which deviated from the mandated procedural requirements of the Rules of Court, justify imposition of disciplinary sanctions despite the presence of mitigating circumstances such as his first offense and length of service.