Case Summary (G.R. No. 80849)
Applicable Law
The case primarily revolves around the enforcement provisions of Section 9, Rule 39 of the Rules of Court pertaining to the execution of judgments for money.
Facts of the Case
The complaint arose from the execution of an Alias Writ of Execution issued by the Regional Trial Court in a case where a writ had already been affirmed by the Court of Appeals. Atty. Quicho alleged that Reyes overstepped his authority during the execution process. He claimed that Reyes failed to allow BOC to choose which of its properties to levy upon, as mandated by the Revised Manual for Clerks of Court, which gives the judgment obligor the option to choose properties. Quicho contended that Reyes forcibly took bank deposits and computers, undermining BOC’s operations.
Respondent's Position
Reyes denied any wrongdoing and maintained that he acted properly in executing the writ. He argued that he was not legally bound to accept the real estate offered by BOC as a settlement since it was neither cash nor a certified check. He also indicated that the BOC had refused to settle the judgment amount and that he had attempted garnishment of accounts held in bank custodia legis, which yielded no results. Reyes insisted that his actions were a necessary response to BOC’s non-compliance with the court order.
OCA's Findings
The OCA concluded that Reyes acted with grave abuse of authority. It was opined that Reyes should have sought clarification from the court when faced with BOC's offer of real property, as no clear directive from the writ supported his refusal. The OCA found that Reyes’ drastic actions, such as using a blowtorch to access the cash vault and taking equipment essential to BOC's operations, were excessive and unjustified. The OCA recommended a fine of P5,000 against Reyes and noted the importance of professional conduct among court personnel.
Court's Ruling
The Court adopted the OCA's findings and emphasized the necessity for judicial personnel to perform their duties with a high standard of professionalism. The Court noted the conflicting legal obligations and Reyes’ acknowledgment of having acted without express court direction when implementing drastic meas
...continue readingCase Syllabus (G.R. No. 80849)
Introduction
- This case involves Atty. Rico Paolo R. Quicho, representing the Bank of Commerce (BOC), who filed a complaint against Bienvenido S. Reyes, Jr., Sheriff IV of the Regional Trial Court, Quezon City, alleging abuse of authority and gross ignorance of the law.
- The complaint arose from the implementation of an Alias Writ of Execution issued in Civil Case No. Q-89-3580 concerning a judgment against Traders Royal Bank (TRB).
Background of the Case
- The Alias Writ of Execution was issued on March 9, 2010, while its validity was pending review in the Court of Appeals (CA), under CA-G.R. No. 91285.
- Atty. Quicho alleged that Reyes exceeded his authority during the execution of the writ on December 9 and December 17, 2010, by failing to comply with the procedures outlined in the 2002 Revised Manual for Clerks of Court.
Allegations Against Reyes
- Atty. Quicho claimed that Reyes violated the Manual by not allowing BOC to choose the properties to be levied upon and instead forcibly took items from the bank.
- He described the incident where Reyes, accompanied by agents of the National Bureau of Investigation (NBI) and the Philippine National Police (PNP), used an acetylene torc