Case Digest (A.M. No. P-12-3032)
Facts:
Ray Antonio C. Sasing v. Celestial Venus G. Gelbolingo, A.M. No. P-12-3032 [Formerly A.M. OCA IPI No. 11-3652-P], February 20, 2013, Supreme Court Third Division, Mendoza, J., writing for the Court.
Complainant Ray Antonio Sasing and his wife were defendants in Civil Action No. 2010-331 (ejectment) filed by Annabelle N. Amores and Nelson Calandria before the Municipal Trial Court in Cities (MTCC), Branch 5, Cagayan de Oro City. The MTCC rendered an adverse Decision on October 15, 2010, which Sasing appealed to the Regional Trial Court (RTC) of Cagayan de Oro City; the appeal was raffled to RTC, Branch 20, where Celestial Venus G. Gelbolingo served as Sheriff IV. On December 10, 2010 the RTC granted the Motion for Issuance of a Writ of Execution Pending Appeal (amended January 31, 2011) and a Writ of Execution Pending Appeal was issued on March 10, 2011 to be implemented by Sheriff Gelbolingo.
During execution, Sasing alleged that Sheriff Gelbolingo took personal belongings that were exempt from execution. He sent a letter dated March 25, 2011 asking for return of the items and, after no response, wrote the Court Administrator on April 5, 2011 expressing intent to file an administrative complaint. The Office of the Court Administrator (OCA) replied on April 25, 2011 advising him to file the required form. Sasing filed a formal Affidavit‑Complaint on May 20, 2011 charging Sheriff Gelbolingo with gross neglect of duty, inefficiency, incompetence and refusal to perform an official duty.
In her Comment, Sheriff Gelbolingo denied the charges, explaining that she and the prevailing party requested two barangay officials to witness and inventory personal effects found on the premises; the Sasings were present but left without retrieving their belongings; the barangay could not store the items because of an upcoming fiesta; she left the items beside the Sasings’ house for safekeeping and attempted to meet with them but appointments failed due to timing conflicts and nonappearance.
The OCA, in a Report dated November 18, 2011, recommended re‑docketing the complaint as a regular administrative matter and referring it to the Executive Judge of the RTC, Cagayan de Oro City for investigation, report and recommendation. The Court re‑docketed and referred the matter on January 25, 2012. Executive Judge Evelyn Gamotin Nery, in a resolution dated July 30, 2012, found the charges of gross neglect of duty, inefficiency and incompetence unsubstantiated, observing that the personal effects were inventor...(Subscriber-Only)
Issues:
- Did respondent Sheriff Celestial Venus G. Gelbolingo commit gross neglect of duty, inefficiency, incompetence or refusal to perform an official duty in the implementation of the writ of execution?
- If not, did Sheriff Gelbolingo commit an administrative offense amounting to discourtesy ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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