Case Summary (A.M. No. P-11-2944)
Case Overview
- Complainants: Carol A. Abadiano, Cleofe Abadiano-Bonachita, Ryan M. Abadiano, Cherry Mae M. Abadiano
- Respondent: Generoso B. Regalado, Sheriff IV, Regional Trial Court, Branch 16, Cebu City
- Date of Filing: February 4, 2010
- Nature of Complaint: Grave Abuse of Authority, Oppression, and Gross Misconduct
Background Facts
- The complainants are heirs of the late spouses Pablo and Teodora Abadiano, recognized by the Regional Trial Court (RTC) Branch 13 as entitled to shares in their properties.
- Their brother, Armando Abadiano, without informing the complainants, secured a loan against their late father's property for medical expenses, exceeding the required amount.
- A foreclosure petition was filed by the mortgagee, Alfredo Genosolango, leading to a Writ of Possession served by Regalado.
- The complainants filed a complaint for the annulment of the loan agreement while the Writ of Possession was in effect.
Allegations Against Regalado
- Regalado allegedly prevented the complainants from collecting rents and threatened them with estafa if they insisted.
- He claimed to act as Attorney-in-Fact for Genosolango, showing a special power of attorney that his actions were authorized.
Respondent's Defense
- Regalado denied the allegations, asserting that he acted within his legal authority and did not improperly use the Special Power of Attorney.
- He contended that his actions were conducted in the performance of his duties as a sheriff.
Findings of the Office of the Court Administrator (OCA)
- The OCA found the complainants’ account more credible than Regalado's denial, noting the improper conduct by allowing himself to act as Attorney-in-Fact for Genosolango without court knowledge.
- Conflict of Interest: Regalado’s actions constituted a conflict of interest due to his dual role.
Conclusions and Recommendations
- Regalado was recommended to be found guilty of Conduct Prejudicial to the Best Interest of the Service and fined ₱10,000, with a warning against future infractions.
- The Court highlighted the importance of ethical standards for judiciary employees to maintain public trust.
Court’s Final Decision
- Regalado was ultimately found guilty of Misconduct.
- Penalty: A fine of ₱10,000 was imposed with a stern warning against recurrence of similar offenses.
Key Legal Principles
- Judicial Conduct: Officers of the judiciary must adhere to high ethical standards, avoiding any appearance of impropriety.
- Conflict of Interest: Actions that jeopardize the rights of in...continue reading
Case Syllabus (A.M. No. P-11-2944)
Case Overview
- Complainants: Carol A. Abadiano, Cleofe Abadiano-Bonachita, Ryan M. Abadiano, and Cherry Mae M. Abadiano.
- Respondent: Generoso B. Regalado, Sheriff IV, Regional Trial Court, Branch 16, Cebu City.
- Date of Decision: July 27, 2011.
- Case Reference: A.M. NO. P-11-2944 (Formerly OCA IPI NO. 10-3342-P).
- Nature of Complaint: Grave Abuse of Authority, Oppression, and Gross Misconduct.
Factual Background
- The complainants are recognized as legitimate heirs of the deceased spouses Pablo and Teodora Abadiano.
- The Regional Trial Court (RTC), Branch 13, validated their entitlement to shares in the properties of their late father.
- Due to medical and hospital expenses incurred during Pablo Abadiano's hospitalization, the complainants' brother, Armando Abadiano, sought court permission to dispose of certain properties.
- The RTC-Branch 13 granted this motion on December 1, 2004, stipulating that proceeds should specifically cover Pablo's medical expenses.
- Armando, without informing his siblings or obtaining leave from the court, secured a loan exceeding the expenses and mortgaged a property of their late father.
- Following the mortgage, the loan creditor, Alfredo Genosolango, filed a Petition for Extra-Judicial Foreclosure with RTC-Branch 16.
- The complainants initiated an annulment case against the loan and mortgage before RTC-Branch 23.
Actions Leading to the Complaint
- On January 25, 2008, while the annulm...continue reading