Case Summary (G.R. No. 116602-03)
Background of the Case
The case originated from the foreclosure of property belonging to Viva Footwear Corporation by the Philippine National Bank (PNB). The RTC Branch 93 subsequently issued a Writ of Possession favoring PNB, which was executed by Sheriff Fajardo. It is alleged that Fajardo forcefully evicted the employees of Viva with only a three-day notice and wrongfully levied on exempt properties, depriving the employees of claims regarding unpaid wages and benefits.
Initiation of Administrative Complaint
On June 17, 2009, the complainants filed an affidavit against Fajardo with the Office of the Court Administrator (OCA), citing charges of grave misconduct, abuse of authority, and conduct prejudicial to the service. The OCA directed Fajardo to submit her comments on the complaint; however, she failed to do so within the stipulated timeframes, leading to multiple reminders and ultimately a formal recommendation from the OCA for a Show Cause Order.
OCA Findings and Recommendations
The OCA, after its investigation, found that Fajardo did not commit grave abuse of authority in implementing the Writ of Execution against Viva since her actions were purely ministerial. The report stated that the disputes raised by the complainants were judicial in nature and beyond the sheriff's capacity to resolve. Nevertheless, Fajardo's noncompliance with the OCA's directives was deemed gross insubordination, leading the OCA to recommend a fine of ₱10,000 and re-docketing the case as a regular administrative matter.
Procedural Developments
On December 1, 2010, the Third Division of the Court requested the parties to state their willingness to have the case decided based on already filed documents. The complainants expressed their willingness, but Fajardo failed to submit her manifestation. Consequently, the Court resolved to proceed without her input, ultimately bringing the matter to a close for adjudication.
Court’s Ruling
Upon review, the Court concurred with the OCA's findings, dismissing the administrative case against Fajardo for lack of merit regarding the execution of the Writ. It emphasized that the dispute about the application of auction sale proceeds necessitated judicial re
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Case Overview
- This case involves a complaint filed by multiple complainants against Respondent Ma. Consuelo Joie A. Fajardo, who is a Sheriff IV of the Regional Trial Court (RTC), Branch 93 of San Pedro, Laguna.
- The complainants were employees of Viva Footwear Corporation (Viva), which faced a foreclosure by the Philippine National Bank (PNB).
- The central issues arose from the implementation of a Writ of Possession issued in favor of PNB, which led to the eviction of the complainants and the alleged mishandling of Viva's properties.
Background of the Case
- The Philippine National Bank foreclosed on a real estate mortgage held by Viva Footwear Corporation.
- Following the foreclosure, the RTC Branch 93 issued a Writ of Possession that was executed by respondent Fajardo.
- The complainants alleged that Fajardo evicted all Viva employees without sufficient notice and wrongfully levied properties exempt from execution, thus depriving them of claims related to unpaid wages.
Allegations Against Respondent Fajardo
- Complainants accused respondent Fajardo of grave misconduct, abuse of authority, and conduct prejudicial to the best interest of the service.
- They claimed that the eviction occurred after only three days of notice, which they argued was insufficient.
- The complainants further alleged that the proceeds from the auction of properties were incorrectly app