Case Summary (A.M. No. R-711-P)
Allegations
The complainants filed a Joint Complaint-Affidavit against Deputy Sheriff Guasch alleging illegal exaction, causing undue injury, gross negligence, and bad faith. It was claimed that Guasch unlawfully demanded monetary payments under the guise of “guards fees” and other expenses without issuing receipts, which they argued was contrary to the standard procedures governing sheriff fees as prescribed by the Rules of Court.
Events Leading to the Complaint
In the execution of the writ, Guasch seized personal property from the defendants and scheduled an auction sale. However, the complainants alleged that Guasch did not show up on the auction day, did not secure the levied property, and failed to follow procedural requirements, which led to the removal of the levied items by the judgment debtors.
Respondent's Defense Claims
Guasch denied the allegations, contending that he did not demand money and that the complainants were not present when he arrived at the auction location. He stated that all actions taken were consistent with protocol and that any failure to conduct the auction was due to the complainants' absence.
Investigative Proceedings
The case was referred to Judge Rebecca G. Salvador for investigation, during which both parties presented evidence and witnesses. The Investigating Judge concluded that the complainants provided substantial evidence corroborating their claims, while the denials made by Guasch were deemed unreliable and unconvincing.
Findings of the Investigating Judge
The Investigating Judge's report indicated that the actions of Deputy Sheriff Guasch were indeed dishonest and exhibited gross misconduct. The judge noted that Guasch’s actions amounted to a dereliction of duty and undermined the execution process by failing to arrange for the protection and security of the levied property.
Legal Violations
It was determined that Guasch's demands for fees were not authorized under Rule 141 of the Rules of Court. The investigation highlighted that such unauthorized demands, compounded by his absence during scheduled duties, constituted serious misconduct and dishonesty.
Court Resolution
The Court agreed with the findings of the Investigati
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Case Overview
- The case involves a joint complaint filed by spouses Alfonso and Dhida Lim against Deputy Sheriff Oscar Guasch for illegal exaction, causing undue injuries, evident bad faith, and gross inexcusable negligence.
- The complaint arises from Civil Case No. 85-31514, where a writ of execution ordered payment of damages amounting to P 17,500.00 to the complainants.
Events Leading to the Complaint
- Respondent Deputy Sheriff Guasch executed a writ by seizing personal property from the defendants' residence, including a living room set, a radio-phonograph, and a television.
- The complainants alleged that Guasch demanded P 300.00 for "guard fees" and P 400.00 for "representation, transportation, and service expenses," failing to issue receipts for these amounts despite requests.
- A third-party claim was filed by Teodora Bathan on the day before the scheduled auction sale, prompting the complainants to post an indemnity bond.
Auction Sale Proceedings
- On the auction sale date, the complainants waited for almost four hours, but Guasch did not appear, and no auction took place.
- Instead, Guasch and others removed the levied items around 11:45 a.m. and rescheduled the auction for the following week.
- When the complainants returned for the rescheduled auction