Case Summary (A.M. No. P-14-3281)
Allegations Against the Respondent
In a Joint Affidavit-Complaint filed on November 23, 2012, the Sabijons accused De Juan of Grave Misconduct and Malfeasance, specifically related to his actions when executing a Writ of Execution dated June 14, 2011. They alleged that on December 8, 2011, De Juan and PO2 Aquino forcibly took their livelihood vehicle, an Isuzu Elf Truck, without proper notice of a sale and without executing a proper auction, thereby depriving the complainants of their rights as judgment debtors.
Respondent's Defense
In his defense, De Juan denied the allegations, asserting that he acted in good faith to enforce the writ. He stated that he attempted to reach the complainants on November 25, 2011, but did not find them at home. He claimed to have issued a Notice of Sale on December 21, 2011, for an auction on December 29, 2011, but reported that no one participated, allowing PO2 Aquino to claim the vehicle. Notably, De Juan acknowledged his failure to file the Sheriff's Return in a timely manner, attributing it to being the only active sheriff at the MCTC.
Findings of the Office of the Court Administrator
The Office of the Court Administrator (OCA) conducted an investigation and submitted a report and recommendation on September 11, 2014, finding De Juan administratively liable for Grave Abuse of Authority and Simple Neglect of Duty. The OCA recommended a fine of P10,000, taking into account De Juan's long service and first offense. They pointed out his deviation from procedural rules during the enforcement of judgments, particularly regarding the lack of notice for the auction and the failure to secure the property seized.
Court's Ruling
The Court upheld the OCA's findings but modified the recommended penalty. It highlighted the duty of sheriffs to exhibit high standards of professionalism and diligence, emphasizing the importance of adhering to procedural rules such as allowing debtors the option to select properties to be levied upon. The Court noted that De Juan acted inappropriately by seizing the vehicle without adhering to proper procedures and failed to provide required documentation, thereby constituting both Grave Abuse of Authority and Simple Neglect of Duty.
Penalty Imposed
In determining the appropriate penalty, the Court referred to the Revised Rules on Administrative Cases in the Civil Service, noting the presence of aggravating and mitigating c
...continue readingCase Syllabus (A.M. No. P-14-3281)
Case Overview
- This case involves a Joint Affidavit-Complaint filed by complainants Felisicimo R. Sabijon and Zenaida A. Sabijon against respondent Benedict M. De Juan, Sheriff IV of the Regional Trial Court of Kabacan, North Cotabato, Branch 22.
- The complainants charge the respondent with Grave Misconduct and Malfeasance in connection with the execution of a judgment in a civil case for damages.
Background Facts
- On May 19, 2007, a vehicular accident occurred involving Felisicimo's Isuzu Elf Truck and PO2 Recto Aquino's van, leading to a civil case for damages filed by PO2 Aquino against Felisicimo and another party.
- The civil case, docketed as Civil Case No. 345, was filed in the 2nd Municipal Circuit Trial Court of Mlang-Matalam, Cotabato.
- On December 8, 2011, the respondent, along with PO2 Aquino, went to the complainants’ residence and allegedly seized the subject truck based on a Writ of Execution dated June 14, 2011.
- Complainants allege several irregularities during the execution process, including lack of notice regarding a sheriff's sale, non-disclosure of proceeds, and improper appropriation of the truck.
Respondent's Defense
- The respondent denied the accusations, asserting he acted in good faith while executing the Writ.
- He claimed to have attempted to contact the complainants before the seizure but was unsu