Case Summary (A.M. No. 01-1463)
Complaint and Allegations
In a verified letter-complaint dated 27 October 1998, AcuAa accused Alcantara of negligence and manifest partiality in his handling of the preliminary attachment. Complainant asserted that Alcantara failed to adequately protect the property subject to the writ, which comprised two flatboats belonging to her. Following the issuance of the writ on 23 December 1997, Alcantara allegedly entrusted one of the flatboats to a relative of Ocampo, resulting in the submersion of that vessel.
Actions and Responses
Upon learning that one flatboat had sunk, Alcantara initially sought assistance from the Philippine Coast Guard in Sual, Pangasinan, for the safekeeping of the boats. However, the Coast Guard declined without a corresponding court order. Consequently, Alcantara secured a temporary arrangement by docking the boats at Sual Port, tying them to a bamboo post, and assigning custody to Ocampo's son, retaining the keys.
Court Involvement
In May 1998, following notification about the submerged flatboat, Alcantara sought a court order for the Coast Guard to take possession of the flatboats. The trial court complied with his request on 5 June 1998. Even after this order, Alcantara received a request from the Coast Guard on 18 September 1998 to transfer the flatboats to a safer location, but his actions were thwarted by subsequent typhoons that resulted in the total destruction of the vessels.
Evaluation by the Office of the Court Administrator
The case was referred to the Office of the Court Administrator (OCA) for evaluation. The OCA concluded that while Alcantara ultimately transferred custody of the flatboats, he initially demonstrated negligence by allowing another party, in this case, Ocampo's son, to take control of the property without securing a protective arrangement through the court. The OCA cited relevant jurisprudence, asserting that once in possession, the sheriff has a duty to ensure the safekeeping of attached property.
Findings on Negligence
The OCA found Alcantara's defense inadequate, particularly his reasoning regarding the Coast Guard’s refusal to accept custody due to a lack of a court order. It posited that he should have swiftly sought such an order rather than deferring action until damage had already occurred. The OCA recognized that while Alcantara made efforts to secure the flatboats later on, his prior negligence contributed to their eventual loss.
Imposition of Sanction
In light of these findings, the O
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Case Reference
- Title: Evelyn AcuAa vs. Rodolfo A. Alcantara, Sheriff IV, Regional Trial Court, Branch 50, Villasis, Pangasinan
- Case Number: A.M. No. 01-1463 (formerly OCA I.P.I. No. 99-572-P)
- Decision Date: March 20, 2001
- Report Citation: 407 Phil. 126
Background of the Case
- Complainant Evelyn AcuAa filed a verified letter-complaint against Rodolfo A. Alcantara, Sheriff IV, for negligence and manifest partiality in relation to Civil Case No. V-0413.
- The case involved a dispute for the recovery of a sum of money with a prayer for preliminary attachment initiated by plaintiff Gloria R. Ocampo against AcuAa.
- The trial court granted the preliminary attachment on December 23, 1997, leading to the issuance of a writ against AcuAa’s two flatboats.
Allegations of Negligence
- AcuAa alleged that Alcantara failed to take necessary precautions to protect the attached flatboats.
- The respondent sheriff entrusted the flatboats to a relative of the plaintiff, who was responsible for their care.
- One flatboat subsequently submerged, and both boats were later turned over to the Philippine Coast Guard, where they were damaged by typhoons.
Respondent's Defense
- Alcantara contended that the flatboats were not seaworthy at the time of the attachment.
- He stated that the Philippine Coast Guard initially refused to accept cust