Case Digest (A.M. No. P-11-2986)
Facts:
- Spouses Rainer Tiu and Jennifer Tiu filed an administrative complaint against Virgilio F. Villar, Sheriff IV of the Regional Trial Court in Pasay City.
- The complaint, dated August 5, 2010, alleged grave misconduct, abuse of authority, and conduct prejudicial to service.
- The case originated from a complaint filed by Henry Sia and Hankook Industrial Sales Co. against the Tiu spouses and others on February 17, 2010.
- A writ of preliminary attachment was granted on February 25, 2010, and issued on March 8, 2010.
- Sheriff Villar attempted to serve the summons and writ to the Tiu spouses on March 17, 2010, but after failed personal service, he delivered the documents to Grace Tan Bauco, General Manager of First Global.
- Sheriff Villar attached the Tiu spouses' personal properties.
- The Tiu spouses filed a motion to dismiss based on improper venue, which the RTC granted on July 8, 2010, ordering the return of the attached properties.
- Sheriff Villar sought clarification on returning the properties, while the Tiu spouses filed a motion for contempt and the administrative complaint against him.
- Sheriff Villar denied the allegations, claiming he followed proper procedures.
- An investigation was conducted, and Judge Edwin B. Ramizo recommended dismissing the complaint, which the Supreme Court later upheld.
Issue:
- (Unlock)
Ruling:
- The Court found that there was a valid substituted service of summons on the Tiu spouses.
- The Court ruled that Sheriff Villar complied with the requirement of prior coordination with the Sheriff’s Office of Pasig City.
- The Court dismissed the allegation that Sheriff Villar demanded money from the Tiu spouses as baseless.
- The Court accepted Sheriff Villar's explanation for not immediately returning the attached properties and found no deliberate disobedience of the RTC's order.
Ratio:
- The Supreme Court emphasized the significance of proper service of summons, stating that substituted service is allowed only when personal service is not feasible.
- Sheriff Villar made multiple attempts for personal service before resorting to substituted service, which was executed correctly.
- The Court noted that Sheriff Villar adhered to Administrative Circular No. 12 regarding coordination with the relevant sheriff's office, confirming that such coordination occurred.
- The Court highlighted that mere allegations without substantial evidence do not support claims of misconduct, placing the burden of proof on the complainants, who failed to provide credible evidence.
- Although Sheriff Villar should have returned the attached properties immediately, his actions did not indicate willful disregard of the RTC's order, as he sought clarification first.
- Consequently, the administrative complaint was dismissed, affirming Sheriff Villar's integrity in executing his duties.
Case Digest (A.M. No. P-11-2986)
Facts:
This case involves an administrative complaint filed by spouses Rainer Tiu and Jennifer Tiu against Virgilio F. Villar, Sheriff IV of the Regional Trial Court, Office of the Clerk of Court in Pasay City. The complaint, dated August 5, 2010, alleges grave misconduct, grave abuse of authority, and conduct prejudicial to the best interest of the service. The events leading to this complaint began on February 17, 2010, when Henry Sia and Hankook Industrial Sales Co. filed a complaint for ...