Facts:

This case involves Spouses Rainer Tiu and Jennifer Tiu as complainants against Virgilio F. Villar, the Sheriff IV of the Regional Trial Court, Office of the Clerk of Court in Pasay City. The administrative complaint originates from actions taken by Sheriff Villar during the implementation of a Writ of Preliminary Attachment in Civil Case No. R-PSY-10-02698-CV, a case filed on February 17, 2010, by Henry Sia and Hankook Industrial Sales Co. against Spouses Tiu and others for a sum of money and damages. The Regional Trial Court in Pasay City issued an order on February 25, 2010, granting the request for a writ of preliminary attachment. Sheriff Villar, alongside Sheriff Carlos G. Tadeo, was tasked with the implementation of the writ, and on March 17, 2010, he served the summons and accompanying documents at the office of First Global Ventures, Inc., where the Tius were believed to be residing, through their employee, Grace Tan Bauco, after failing to find them for personal serv...

Facts:

Background and Initiation of the Case

• On February 17, 2010, Henry Sia and Hankook Industrial Sales Co. filed a Complaint for Sum of Money and Damages before the Regional Trial Court (RTC) of Pasay City, Branch 115, with a prayer for the issuance of a writ of preliminary attachment.
• The complaint involved multiple parties, including Spouses Rainer Tiu and Jennifer Tiu, as well as other corporate entities (Classique Concept International Corporation and First Global Ventures, Inc.).
• An RTC Order dated February 25, 2010 authorized the issuance of the writ of preliminary attachment in the case.

Issuance and Execution of the Writ of Preliminary Attachment

• On March 8, 2010, the writ was issued and directed to Sheriff Carlos G. Tadeo and Sheriff Virgilio F. Villar.
• Faced with difficulties in effecting personal service, Sheriff Villar attempted several methods of delivering the summons and complaint to Spouses Tiu.

Substituted Service and Attachment of Properties

• On March 17, 2010, Sheriff Villar effected substituted service at the office of First Global located at Unit 1905, Raffles Corporate Center, Pasig City.
• Grace Tan Bauco, who presented herself as the General Manager and Caretaker of the company, received copies of the summons, complaint, and the writ on behalf of Spouses Tiu.
• Following this service, Sheriff Villar attached personal properties present at the address.

Court Motions and Subsequent Orders

• Spouses Tiu filed a motion to dismiss the case on the ground of improper venue.
• The RTC granted the motion in its Order dated July 8, 2010, dismissing the case and ordering the immediate release of the attached properties.
• A motion for reconsideration filed by Henry Sia was denied on July 16, 2010, and the RTC reiterated its order for the return of the seized items.

Actions of Sheriff Villar and Subsequent Developments

• In compliance with the RTC’s directive, Sheriff Villar submitted his report along with an Urgent Prayer for the Issuance of a Clarificatory Order to seek guidance on whether he should wait for the trial court’s order to attain finality before releasing the properties.
• Concurrently, Henry Sia filed a Notice of Appeal and a Very Urgent Motion to Stay the enforcement of the order.
• Furthermore, Spouses Tiu filed an Urgent Ex-Parte Motion to cite Sheriff Villar in Contempt of Court and subsequently lodged an administrative complaint against him, alleging several irregularities in the execution of the writ.

Allegations Raised Against Sheriff Villar

• Spouses Tiu alleged that proper personal service of the summons was not effected and that the substituted service did not comply with the requisite rules for service of summons.
• They contended that Sheriff Villar did not coordinate with the Sheriff's Office of Pasig City as required under Administrative Circular No. 12.
• The complainants further charged that Sheriff Villar demanded money (specifically, P35,000.00) for the release of their attached properties.
• They also claimed that he maliciously refused to return the seized items immediately despite the RTC’s clear order.

Defense and Explanation of Sheriff Villar

• Sheriff Villar denied all allegations, asserting that he had made every effort to effect personal service and properly resorted to substituted service.
• He maintained that his actions were in full compliance with the procedural requirements, including coordination with the Sheriff’s Office of Pasig City.
• He also refuted having received any money from Spouses Tiu or their agent, and explained that the retention of the properties was due to his uncertainty over whether to wait for the finality of the court’s order.

Investigation, Report, and Final Disposition

• The Office of the Court Administrator (OCA) conducted an investigation and recommended that the administrative complaint be re-docketed as a regular matter and referred to the Executive Judge of the RTC Pasay City.
• Executive Judge Edwin B. Ramizo, in his Report and Recommendation dated February 8, 2012, advised the dismissal of the complaint, finding no irregularity in the substituted service or in the retention of the attached properties.
• The Court’s final decision was to dismiss the administrative complaint against Sheriff Villar, basing its ruling on the adequacy of the procedures already followed and the absence of substantive evidence to support the allegations.

Issue:

Validity of Service of Summons

• Whether the substituted service of summons effected by Sheriff Villar, after unsuccessful attempts at personal service, complied with the Rules of Court.
• Whether the service, conducted by leaving a copy of the summons with a competent person at the designated office, was legally sufficient.

Compliance with Administrative Circular No. 12

• Whether Sheriff Villar coordinated properly with the Sheriff’s Office of Pasig City prior to implementing the writ of preliminary attachment.
• Whether his actions adhered to the guidelines set forth in the Administrative Circular regarding the service and execution of court writs.

Retention and Release of Attached Properties

• Whether Sheriff Villar’s retention of the seized properties, despite the RTC’s explicit order for their immediate release, was justified under the circumstances.
• Whether his decision to await further clarification from the court constituted an acceptable administrative practice.

Allegations of Extortion and Misconduct

• Whether there was any basis for the allegation that Sheriff Villar demanded money (specifically P35,000.00) for the release of the attached properties.
• Whether the overall conduct of Sheriff Villar amounted to grave misconduct, grave abuse of authority, or conduct prejudicial to the best interest of the service.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)