Case Summary (A.M. No. P-17-3652)
Affidavit-Complaint Overview
- Willy Fred U. Begay filed an Affidavit-Complaint against Atty. Paulino I. Saguyod and Sheriff George P. Clemente for gross misconduct, discourteous acts, manifest partiality, and grave abuse of authority.
- The complaint arises from a legal dispute involving Begay's ownership of the Garden of Samantha Memorial Park, which is under litigation against the Rural Bank of San Luis Pampanga, Inc.
Background of the Case
- Begay owns the memorial park, which consists of three parcels of land, and is seeking to nullify certain real estate mortgages and foreclosure proceedings.
- The Rural Bank of San Luis filed an ex parte motion for a writ of possession, claiming ownership through an extrajudicial foreclosure sale, without disclosing Begay's possession of the property.
Court Orders and Actions
- The trial court granted the Rural Bank's motion for a writ of possession on April 17, 2015, leading to the issuance of the writ by Atty. Saguyod on April 20, 2015.
- Sheriff Clemente executed the writ by issuing a notice to vacate to Begay, who was not a party to the case, while failing to notify the original mortgagor, Bautista.
Motion to Quash
- Begay filed a Motion to Quash the writ, asserting his ownership and possession of the property, and requested to be heard in court.
- Atty. Saguyod did not include Begay in the hearing, violating his right to due process.
Implementation of the Writ
- On May 19, 2015, despite the pending motion to quash, Atty. Saguyod and Sheriff Clemente forcibly took possession of the property.
- Begay alleged that the security personnel involved were unlicensed, and the security agency was not registered.
Questionable Conduct of Respondents
- Begay raised concerns about the timing of the ex parte hearing and the evidence presented by the Rural Bank, suggesting procedural irregularities.
- He claimed that Atty. Saguyod actively participated in the implementation of the writ, contrary to his role as Clerk of Court.
Trial Court's Subsequent Order
- On June 9, 2015, the trial court granted Begay's motion to quash, allowing him to regain possession of the property and recalling the previous orders related to the writ.
Office of the Court Administrator's Findings
- The OCA recommended finding Atty. Saguyod guilty of simple misconduct and dismissing him from service, while dismissing the complaint against Sheriff Clemente for lack of merit.
- The OCA found that Atty. Saguyod's involvement in the writ's implementation exceeded his official duties.
Court's Ruling
- The Court agreed with the OCA's findings, emphasizing that Atty. Saguyod's actions during the writ's implementation were inappropriate and constituted simple misconduct.
- The Court noted that Atty. Saguyod's presence at the scene and his conduct undermined the integrity expected of court personnel.