Case Summary (A.M. No. P-92-695)
Allegations Against the Respondent
Cynthia A. Florendo filed a sworn letter-complaint against Exequiel Enrile, alleging that the deputy sheriff failed to enforce a writ of demolition despite collecting fees totaling PHP 5,200.00 for this service. The complaint stemmed from several civil ejectment cases where the MTCC ordered the defendants to vacate certain premises. After appeals affirming this order, a writ of execution was issued, which Enrile was assigned to implement.
Sequence of Events
Following the issuance of the writ of execution, the complainant sought a writ of demolition due to the defendants' refusal to vacate the premises. The MTCC granted this request, after which Enrile received payment purportedly as a sheriff's fee. Despite receiving the amount, Enrile did not execute the writ of demolition, leading to Florendo's demand for action, which was ignored, prompting her to file the complaint.
Respondent's Defense
In his response, Enrile did not deny collecting the fees but claimed that he made several attempts to advise the defendants to vacate. He stated that the defendants threatened him when he attempted to enforce the writ, which, according to him, justified his inaction. He argued that he had properly served the writ and prepared returns dated within the required timeframe, although these were filed late.
Investigation and Findings
Executive Judge Johnson L. Ballutay investigated the case and highlighted various postponements and the respondent's lack of urgency in hiring counsel. He recommended disciplinary actions, including suspension and a return of the collected fees to the complainant, based on the analysis of the delays and the respondent's actions in the execution of his duties.
Office of the Court Administrator’s Evaluation
The Office of the Court Administrator found that Enrile displayed significant neglect by failing to execute the writ, which hindered the complainants' right to a speedy resolution. The evaluation noted that he should have coordinated with the complainant's counsel and sought assistance to execute the writ effectively. It criticized Enrile’s creation of an unofficial fee structure and failure to provide receipts.
Judicial Review and Concl
...continue readingCase Syllabus (A.M. No. P-92-695)
Case Overview
- The case involves a sworn letter-complaint filed by Cynthia A. Florendo against Exequiel Enrile, a deputy sheriff of the Municipal Trial Court in Cities (MTCC) at Cabanatuan City, on 17 March 1992.
- The complaint centers on Enrile's failure to enforce a writ of demolition despite having collected a total of P5,200.00 from the complainant.
- The case arises from several ejectment civil cases (Nos. 9241 to 9249) wherein the defendants were ordered to vacate the premises.
Background of the Case
- Florendo was the plaintiff in civil cases for ejectment against certain defendants, who appealed the MTCC's decision to the RTC, which affirmed the MTCC's ruling on 18 August 1989.
- A writ of execution was issued by the MTCC on 19 January 1990 and assigned to Enrile for enforcement.
- Following the defendants' refusal to vacate, a writ of demolition was granted on 21 March 1990.
Collection of Fees
- Enrile collected P5,200.00 from Florendo and her lawyer as sheriff's fees but did not provide an official receipt.
- The payments consisted of:
- P2,700.00 acknowledged on the lawyer's stationery.
- P500.00 acknowledged on the stationery of the City Legal Officer.
- P2,000.00 paid by check.
- Despite collecting the fees, Enrile did not execute the writ of demolition.