Case Summary (A.M. No. P-03-1693)
Allegations Against Respondents
De Guzman alleged that Mendoza and Calixihan conspired to issue an alias writ of execution that included provisions not covered by the original court decision from May 2, 1988. The alias writ prompted Mendoza to collect unauthorized rentals from the tenants of the property, allegedly profiting from these transactions.
Writ of Execution Timeline
The timeline established that on May 2, 1988, a decision favoring the defendants was rendered. Subsequently, an initial writ of execution was issued on October 13, 2000, which was limited in its direction. However, on April 4, 2001, an alias writ was issued, expanding the scope to include possession and demolition orders, which were not part of the original court ruling.
Alleged Misconduct by Sheriff
Respondent Sheriff Mendoza allegedly intimidated five tenants with demands for monthly rents and vacating the premises, claiming these directives stemmed from the alias writ. De Guzman contended that Mendoza intentionally omitted a vital page from the alias writ, which included important legal details and the court's actual orders.
Collections by Sheriff
From May 2001 to March 2002, Mendoza and Atty. Melotindos engaged in a pattern of collecting rents from tenants at a public location, with unauthorized transactions involving a third party, Soledad S.M. Del Rosario. Such actions were alleged to have included Mendoza directly receiving payments, fostering claims of connivance.
Responses and Denials
Calixihan denied knowledge of the case's parties and consequently refuted allegations of collusion. He attributed the writ's issuance and execution to Judge Cruz's directives. Mendoza dismissed the allegations, characterizing them as ridiculous and asserting that he acted within his duties.
Ruling on the Writs
The Office of the Court Administrator noted that the issued alias writs had been previously declared null and void. As a result, while Calixihan's charges were dismissed, Mendoza's involvement in the financial misconduct was escalated for further investigation.
Findings of Misconduct
An investigation by Executive Judge Sixto Marella, Jr. concluded that Mendoza was guilty of simple misconduct, reflecting his direct participation in collecting excessive rentals and legal fees beyond authorized limits. The complaint acknowledged that Mendoza received amounts totaling P25,500.00 and did not follow the procedural requirements set forth in the Rules of Court for executing writs.
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Case Background
- Salvador P. De Guzman, Jr. filed a complaint against Antonio O. Mendoza, Sheriff IV, and Floro G. Calixihan, Jr., Branch Clerk of Court, for grave misconduct and conduct prejudicial to the judiciary.
- The complaint alleged that the respondents conspired to issue an alias writ of execution and wrongfully profited from rental collections from tenants of a property involved in a civil case.
Procedural History
- The Regional Trial Court of Makati City, Branch 58, rendered a decision on May 2, 1988, favoring the defendants in Civil Case No. 979.
- A writ of execution was issued on October 13, 2000, which only addressed the cancellation of a notice of lis pendens and payment of attorney's fees.
- On April 4, 2001, an alias writ was issued, expanding the order to include possession transfer, ejectment, rental payments, and demolition, which were not included in the original May 1988 decision.
Allegations Against the Respondents
- Respondent Sheriff Mendoza and Atty. Melotindos allegedly intimidated tenants to vacate, pay substantial monthly rentals, and demolish structures.
- It was claimed that Mendoza failed to attach a critical page of the alias writ to the notice to comply, which contained essential information about the court's decision.
- From May 2001 to March 2002, Mendoza allegedly collected rent