Case Summary (A.M. No. R-146-P)
Allegations Against the Respondent
Atty. Tolentino charged Deputy Sheriff Borja with conduct unbecoming a public officer, malfeasance, gross misconduct, and dereliction of duty. These allegations arose from Borja's failure to execute the writs issued in Civil Case No. P-703 and Civil Case No. S-329. The issues raised in the complaint indicated a serious breach of duty that warranted an investigation.
Investigation Findings
The case was referred for investigation to Executive Judge Juan Llaguno, who eventually recommended the dismissal of the complaint against Deputy Sheriff Borja. The judge found Borja's explanations regarding the delays in filing returns satisfactory. However, this recommendation was scrutinized in light of the evidence presented regarding the actual compliance with procedural deadlines.
Non-Compliance with Legal Timelines
The records indicate that Deputy Sheriff Borja failed to submit the required returns within the legally mandated time frame. The Sheriff’s Return for Civil Case No. P-703 was received and stamped on October 18, 1983, while the writ had been issued on July 11, 1983. As such, Borja was required to submit the return by September 11, 1983, thus failing to meet the 60-day period allotted by law.
Similarly, for Civil Case No. S-329, the return was stamped "Received" on October 19, 1983, with the writ being issued on July 30, 1983. This writ's return should have been filed by September 1, 1983, also indicating a failure on Borja's part to comply with the statutory requirements.
Conclusion and Disciplinary Action
Given the clear evidence of Deputy Sheriff Borja’s neglect in filing the returns for both cases within the prescribed periods, the
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Case Background
- The case involves a complaint filed by Atty. Romulo S. J. Tolentino against Deputy Sheriff Rolando A. Borja of Naga City.
- The charges include conduct unbecoming a public officer, malfeasance, gross misconduct, and dereliction of duty.
- The basis of the complaint is the failure of the respondent to implement the Writs of Execution issued in two separate civil cases: Civil Case No. P-703 and Civil Case No. S-329 of the Regional Trial Court of Naga City.
Investigation and Recommendations
- The matter was referred to Executive Judge Juan Llaguno for investigation.
- Judge Llaguno recommended the dismissal of the complaint after finding the respondent's explanation satisfactory.
- Despite this recommendation, the records indicated that the respondent did not file the returns of