Case Summary (A.M. No. P-01-1478)
Background of Allegations
The complainant alleged that Spouses Analyn and Shigeo Nishio had borrowed money from her and secured the loan with a mortgage over a parcel of land in Barangay Mambulac, Silay City. When the spouses defaulted on their payment obligations, the complainant sought to initiate an extrajudicial foreclosure. However, during her absence in Japan, Eric De Vera misrepresented the need for payment and failed to timely file the necessary petition for foreclosure, leading to a series of complications.
Allegations Against Eric B. De Vera
The primary charge against Eric De Vera is soliciting P13,040 for filing fees and other expenses related to the foreclosure while misleading the complainant about the status of her petition. Upon her return from Japan, she discovered that he had neither filed the petition in a timely manner nor provided a receipt for the transaction. The situation deteriorated further when it was revealed that a familial connection existed between De Vera and one of the spouses, raising potential conflicts of interest.
Allegations Against Vicente V. Quinicot
Vicente V. Quinicot faced charges of dereliction of duty when he allegedly refused to implement the writ of possession against the Nishios. The complainant's lawyer had to intervene and request that the writ be endorsed to another sheriff for execution. Quinicot defended himself by asserting that he needed to wait for the order's finality.
Allegations Against May Nene Las PiAas and Mae Vercille H. Nallos
Both Las PiAas and Nallos were accused of dishonesty and misconduct concerning the date that a motion for reconsideration order was served to the counsel of the Nishios. The context of the allegation centers on a change in the date of receipt, which the respondents claimed was made in good faith to correct a clerical error.
Allegations Against Lucia Santillan
Lucia Santillan was charged with dereliction of duty as well after allegedly accepting P500 from the complainant to ensure personal service of the order on the Nishios, which she later denied. The timing and manner of this exchange raised concerns regarding ethical conduct and compliance with procedural norms.
Proceedings and Findings
Upon referral to Executive Judge Reynaldo M. Alon, a hearing was conducted where the complainant chose to withdraw her complaint for personal reasons. Nonetheless, the Office of Court Administrator (OCA) proceeded with its investigations. The EJC recommended the dismissal of some charges due to a lack of sufficient evidence.
Recommendations and Consequences
The OCA concluded that while charges against Las PiAas, Quinicot, Nallos, and Santillan lacked merit, Eric De Vera w
...continue readingCase Syllabus (A.M. No. P-01-1478)
Case Background
- The administrative complaint was filed by Mary Ann C. Ito against several employees of the Regional Trial Court (RTC) in Silay City, namely: Atty. Eric B. De Vera (Clerk of Court VI and ex-officio Sheriff), May Nene Las PiAas (Legal Researcher), Vicente V. Quinicot (Sheriff IV), Mae Vercille H. Nallos (Clerk II), and Lucia Santillan (Stenographer).
- The respondents were charged with dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service.
- The charges stemmed from Cadastral Case No. 186-40, which involved a mortgage that Ito had with spouses Analyn and Shigeo Nishio.
Facts of the Case
- On March 25, 1998, the Nishios borrowed money from Ito and mortgaged their land in Silay City as collateral, agreeing to repay by March 25, 1999.
- Ito left for Japan on February 2, 1999, and while she was away, De Vera visited her aunt to solicit P13,040 for filing fees related to an extrajudicial foreclosure.
- Upon her return, Ito discovered that De Vera had not filed the petition despite receiving the amount.
- De Vera later filed the petition on June 28, 1999, after Ito demanded the return of her money. The foreclosure was successful, and a Certificate of Sale was issued to Ito.
Specific Allegations Against Respondents
- Eric B. De Vera: Alleged dishonesty for soliciting money under false pretenses, claiming it was for foreclosure expenses