Case Digest (A.M. No. P-23-111)
Facts:
- The case is Dr. Stella Marie P. Mabanag vs. Marvin A. Ramos, Sheriff IV of Branch 34, Regional Trial Court of Balaoan, La Union, decided on January 23, 2024.
- Dr. Mabanag accused Sheriff Ramos of misappropriating PHP 50,000.00, which he received for safekeeping.
- The background involves Civil Case No. 705, where the RTC declared Dr. Mabanag and co-plaintiffs as co-owners of a 13,770-square meter lot in Agdeppa, Bangar, La Union, on September 14, 2010.
- Execution proceedings began after the decision became final, leading to Dr. Mabanag meeting Sheriff Ramos in 2019.
- In March 2019, a tenant remitted PHP 50,000.00 to Dr. Mabanag's brother, Dante Luis Leoncini, in the presence of Sheriff Ramos, who was entrusted with the money.
- After Leoncini's death and during the COVID-19 pandemic, Dr. Mabanag requested the return of the funds for property taxes.
- Sheriff Ramos initially claimed he was on leave but later admitted via text that he used the money during the lockdown, promising to repay it.
- Despite Dr. Mabanag's insistence, Ramos claimed there was an arrangement with Leoncini regarding the payment.
- Ramos defended himself by stating he had no intention to misappropriate the funds and had returned the money to Leoncini before the complaint.
- The Judicial Integrity Board (JIB) recommended finding Ramos guilty of simple and gross misconduct, leading to the Supreme Court's decision.
Issue:
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Ruling:
- The Court ruled that Sheriff Ramos did not have the authority to receive the PHP 50,000.00 from the tenants for safekeeping.
- The Court found that Sheriff Ramos misappropriated the PHP 50,000.00 for his personal use.
- The Court imposed a fine of PHP 60,000.00 for simple misconduct and PHP 1...(Unlock)
Ratio:
- The Supreme Court stated that the withdrawal of the complaint by Dr. Mabanag did not absolve Ramos of administrative liability, as the Court maintains disciplinary authority over its officials and employees.
- Ramos acted beyond his authority by accepting money from litigants without judicial approval, constituting ...continue reading
Case Digest (A.M. No. P-23-111)
Facts:
The case at hand is Dr. Stella Marie P. Mabanag vs. Marvin A. Ramos, Sheriff IV of Branch 34, Regional Trial Court of Balaoan, La Union, decided on January 23, 2024. The complaint originated from a letter dated July 4, 2020, wherein Dr. Mabanag accused Sheriff Ramos of misappropriating PHP 50,000.00, which he had received for safekeeping. The background of the case traces back to Civil Case No. 705, where the RTC rendered a decision on September 14, 2010, based on a compromise agreement, declaring Dr. Mabanag and her co-plaintiffs as co-owners of a 13,770-square meter lot in Agdeppa, Bangar, La Union. Following the finality of this decision, Dr. Mabanag initiated execution proceedings, during which she met Sheriff Ramos in 2019.
In March 2019, one of the tenants remitted PHP 50,000.00 to Dr. Mabanag's brother, Dante Luis Leoncini, in the presence of Sheriff Ramos, who was entrusted with the money for safekeeping. After Leoncini's death and during the COVID-19 pandemic, Dr. Mabanag requested the return of the money to pay property taxes. Sheriff Ramos initially informed her he was on leave but later confessed via text that he had used the money during the lockdown, promising to pay it back. Despite Dr. Mabanag's insistence on the return of the funds, Ramos claimed there was an arrangement with Leoncini regarding the payment.
In his defense, Ramos asserted that he had no intention to misappropriate the funds and that he had returned the money to Leoncini before ...