Case Summary (A.M. No. P-10-2772)
Allegations Against the Respondent
Complainant PeAa reported to the Office of the Court Administrator (OCA) alleged unethical conduct by Regalado while executing the court's judgment. PeAa claimed that Regalado collected a total of P19,500.00 from him in three payments without providing official receipts, instead issuing only handwritten acknowledgment receipts.
Respondent's Defense
Regalado admitted to collecting the payments but asserted that he had delivered them to the private complainant, Flora Francisco. He argued that his actions were intended to eliminate unnecessary inconvenience for Francisco, who was elderly, by not requiring her to file a motion to release the funds. Regalado also claimed that he had adopted similar procedures in past cases without issue.
Investigation and Testimonies
Judge Jaime E. Contreras was assigned to investigate the complaint. During the hearings, PeAa confirmed the absence of official receipts, while Francisco later testified that she had indeed received the P13,000.00 but had not received the two remaining payments until much later. Judge Contreras noted inconsistencies in Regalado's account and expressed skepticism regarding the credibility of his testimony over that of Francisco.
Findings of the Executive Judge
Judge Contreras concluded that Regalado had failed to follow proper court procedures in executing the writ. He recommended a 15-day suspension without pay for Regalado, citing previous misconduct and urging a stern warning against future infractions.
Recommendations from the Office of the Court Administrator
The OCA reviewed the findings and escalated the recommended penalties for Regalado. In a memorandum, the OCA found him guilty of grave misconduct and dishonesty, recommending dismissal from service including the forfeiture of retirement benefits and a permanent disqualification from re-employment in government.
Court's Approach and Examination of Conduct
Despite PeAa's apparent disinterest in pursuing the matter further, the Court upheld its duty to investigate allegations against public officials rigorously to maintain public trust in government agencies. The responsibilities of sheriffs, as executing officers of the court, require meticulous adherence to established procedures, especially concerning monetary transactions.
Legal Standards and Procedures
The Court referenced specific provisions in the Rules of Court, particularly Section 9, Rule 39, which outlines the sheriff's duty to ensure payments received are remitted promptly to the Clerk of Court. Evidence indicated that Regalado did not comply with these requireme
...continue readingCase Syllabus (A.M. No. P-10-2772)
Case Overview
- Parties Involved:
- Complainant: Domingo PeAa, Jr.
- Respondent: Achilles Andrew V. Regalado II, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, Naga City.
- Case Reference: A.M. NO. P-10-2772 (Formerly A.M. OCA I.P.I NO. 07-2615-P)
- Decision Date: February 16, 2010
- Key Issue: Allegations of unethical conduct by the respondent in implementing a writ of execution.
Background of the Case
- Complaint Initiation:
- Domingo PeAa, Jr. reported the respondent to the Office of the Court Administrator (OCA) on April 2, 2007, alleging unethical behavior related to the implementation of a writ of execution in Criminal Case No. 1852.
- Judgment Details:
- The judgment ordered PeAa and Domingo Francisco to pay a fine of P5,000.00 and damages of P30,000.00 to Flora Francisco.
Allegations Against the Respondent
- Collection of Payments:
- Respondent allegedly collected amounts of P13,000.00, P4,500.00, and P2,000.00 from PeAa without issuing official receipts, only providing handwritten acknowledgment receipts (Exhibits "A," "B," and "C").
- Respondent's Defense:
- Respondent admitted receiving these payments but claimed they were delivered to Flora Francisco. He argued the direct delivery was more convenient for the elderly Francisco.
Investigation Findings
- Hearing Proceedings:
- The case was referred to Judge Jaime E. Contreras for investigation. PeAa testified about not receiving official receipts and expressed his health issues, indicating a lack of interest in pursuing the case further.
- Testimonies:
- Respondent confessed he did not remit the collected money to the Clerk