Case Digest (A.M. No. P-06-2213)
Facts:
- The case involves Santos Sy and Ibrahim T. Binasing, the Officer-in-Charge/Sheriff of the Regional Trial Court in Cotabato City.
- A judgment favoring Santos Sy was issued by the Metropolitan Trial Court in Civil Case No. 03-7464 against Ang Ping Enterprises.
- A Writ of Execution was issued on June 21, 2004, and assigned to Binasing for implementation.
- Despite several reminders from Sy's counsel, Binasing failed to execute the writ for an extended period.
- Binasing requested Sy's bank account number and claimed to be overwhelmed with other court requests.
- An administrative complaint was filed against Binasing on February 3, 2006, for neglect of duty.
- Binasing contended that the complaint was moot as he executed the writ by depositing the judgment amount into Sy's account on December 29, 2005, and presented an Affidavit of Desistance from Sy.
- The Office of the Court Administrator found Binasing grossly negligent for the delay.
Issue:
- (Unlock)
Ruling:
- Binasing was found guilty of simple neglect of duty for not implementing the Writ of Execution for over one year and six months.
- The court ruled that the Affidavit of Desistance does not render the complaint moot, as the Supreme Court retains jurisdiction to investigate and discipline officials.
- Binasing ...(Unlock)
Ratio:
- The Supreme Court emphasized Binasing's clear neglect of duty due to his inaction on the Writ of Execution for an excessive duration.
- The court clarified that an Affidavit of Desistance does not negate its au...continue reading
Case Digest (A.M. No. P-06-2213)
Facts:
The case of Santos Sy vs. Ibrahim T. Binasing involves a complaint against Binasing, who was the Officer-in-Charge/Sheriff of the Regional Trial Court, Office of the Clerk of Court in Cotabato City. The events that led to this complaint began with a judgment rendered by the Metropolitan Trial Court, Branch 75 of Marikina, in Civil Case No. 03-7464, which favored Santos Sy, the Managing Director of Starbenz Inc., against Ang Ping, operating under the name Ang Ping Enterprises. Following the finality of this judgment, a Writ of Execution was issued on June 21, 2004, and was subsequently referred to Binasing for implementation. Despite several reminders from Sy's counsel, including letters dated September 22, 2004, December 6, 2004, February 28, 2005, and July 26, 2005, Binasing failed to execute the writ. His responses were limited to requests for the complainant's bank account number and an explanation that he was overwhelmed with requests from other courts. Consequently, an administrative complaint was filed against him on February 3, 2006, for neglect of duty. In his defense, Binasing contended that the complaint was moot since he had executed the writ by depositing the money judgment into Sy's account on December 29, 2005, and he attached an Affidavit of Desistance from Sy, which he argued should lead ...