A.M. No. P-10-2860 - Garcia vs. Montejar

The administrative case originated from a complaint filed by the Rural Bank of Guihulngan (Negros Oriental), Inc. against Ricky Montejar, the Sheriff of the Regional Trial Court, Branch 64, Guihulngan, Negros Oriental.
The complainant bank accused the respondent of irregularities in executing writs of execution in six civil cases where the bank was the plaintiff.
Specific allegations included:
- Receipt of P7,000.00 as sheriff's fee without a court-approved estimate of expenses and lack of supporting receipts for the liquidation report.
- Failure to submit liquidation reports for expenses incurred in two civil cases.
- Incomplete execution of writs in multiple civil cases.

In his Comment, the respondent denied the allegations, asserting that he properly enforced the writs, which were either not executed or partially executed due to the defendants lacking properties.
He claimed:
- The lack of receipts for the liquidation report in Civil Case No. 352 was due to their loss.
- The amount received for Civil Case No. 375 was the approved sheriff's expenses from a previous sheriff.
- The complainant bank did not pay the approved expenses for two other civil cases.

On July 11, 2003, the Court referred the complaint to the OCA for evaluation and recommendation.
In a Memorandum dated January 23, 2009, the OCA recommended that the case be docketed as an administrative matter.
The OCA found the respondent guilty of simple misconduct and recommended a fine equivalent to two months' salary, considering the respondent's death during the proceedings.

The Court agreed with the OCA's findings, confirming the respondent's guilt of simple misconduct.
The Court modified the penalty, imposing a fine of P20,000.00 instead of the recommended two months' salary.
The Court emphasized that the respondent violated the procedures outlined in Section 10, Rule 141 of the Rules of Court regarding sheriff expenses.

Section 10, Rule 141 mandates that sheriff expenses must be estimated and approved by the court before any payment is made.
The interested party must deposit the approved amount with the clerk of court, who disburses it to the deputy sheriff.
The rules require strict adherence, as indicated by the use of the word "shall," which denotes obligation.

The respondent admitted to directly receiving P7,000.00 from the complainant bank, which contravened the established rules.
He acknowledged that his liquidation reports were not substantiated by receipts and failed to properly liquidate amounts received for executing writs.
The respondent's actions constituted simple misconduct, characterized by negligence or transgression of established rules, rather tha...continue reading