Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1986 > November 1986 Decisions > A.M. No. R-565-P November 27, 1986 - CONSORCIA BALAIS v. FRANCISCO ABUDA:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[A.M. No. R-565-P. November 27, 1986.]

CONSORCIA BALAIS, Complainant, v. Deputy Provincial Sheriff FRANCISCO ABUDA, Respondent.


R E S O L U T I O N


MELENCIO-HERRERA, J.:


In a sworn Complaint filed on October 25, 1985 by complainant, Consorcia M. Balais, with Executive Judge Auxencio C. Dacuycuy of the Regional Trial Court of Palo, Leyte, through the Citizens’ Legal Assistance Office, Regional Office No. VIII, she charged Deputy Provincial Sheriff Francisco Abuda with "Abuse of Authority" in enforcing a Writ of Execution in Civil Case No. 6131 of the Regional Trial Court of Leyte, entitled Francisca Kagawan, Et. Al. v. Maria Senabre, Et Al., for "Quieting of Title with Damages.

Complainant alleged that she is a tenant of Lot No. 2244 owned by Unimasters, Inc., as well as of Lot No. 2218 owned by Francisca Kagawan, the latter lot being the subject of litigation in Civil Case No. 6131; that on April 4, 1985, Respondent, together with two sons of one Atty. Jose Maderazo, presumably the lawyer of plaintiff in the civil case, went to Complainant’s house erected on Lot 2218 and took ten (10) sacks of palay although they had been told that only two (2) sacks had been harvested from Lot 2218; and that contrary to respondent’s assurance that the palay would be deposited in his office, all of it was even to Atty. Maderazo who gave a receipt for only nine (9) cavans.chanrobles.com.ph : virtual law library

Required by the Executive Judge to submit a Comment, respondent, in his Manifestation filed on October 31, 1985, asserted that when he went to Lot 2218, he was enforcing a Writ of Execution against the defendants Maria Senabre, et als., in Civil Case No. 6131, and explained:jgc:chanrobles.com.ph

"that on April 4, 1985, the undersigned with Atty. Jose Maderazo went to the field (Lot No. 2218) to confer with Maria Senabre for a peaceful turn over of the parcel of land adjudged in favor of the plaintiff Francisca Kagawan and inquire from her of any person occupying the land as tenant, we were accordingly informed that a certain Consorcia Balais is working. The undersigned and Atty. Jose Maderazo immediately contacted Consorcia Balais and informed her of the decision of the Honorable Court, she was further advised that henceforth, she must recognize the legitimate owner and turn over to said owner thru her authorized representative the produce of the land on the basis of the previous arrangement or sharing with Maria Senabre. At that time, there was an ongoing harvest of the land. After the harvest of portion cultivated by her which was undoubtedly embraced by Lot No. 2218, the undersigned and two representatives of Atty. Jose Maderazo went to the field and received 9 cavans of palay which was properly receipted and duly signed by Atty. Jose duly." (p. 10, Rollo)

Without informing this Court of the Complaint, and acting motu proprio, Judge Dacuycuy conducted an investigation and submitted his report and recommendation, the pertinent portion of which reads:jgc:chanrobles.com.ph

"Upon the facts there are reasonable grounds to believe that out of 10 sacks of palay taken from the complainant Consorcia M. Balais by Sheriff Francisco Abuda eight (8) were actually harvested from Lot 2244 belonging to Leo Rama now owned by Unimasters, Inc. also tenanted by the complainant and not from Lot 2218 litigated in Civil Case No. 6131 (Francisca Esperas Kagawan v. Maria Senabre Dillera — for quieting of title). The landowner’s share in the produce is two cavans. Mr. Abuda should therefore return to the complainant six (6) cavans or its money equivalent in the amount of Seven Hundred Eighty Pesos (P780) on or before February 28, 1985. There is no question that the complainant Consorcia M. Balais is the tenant of Lot 2244 now owned by Unimasters, Inc. . . .

"WHEREFORE, it is recommended that respondent Deputy Sheriff Francisco Abuda of the RTC of Leyte, Branch VI, Tacloban City, be ordered to return to complainant Consorcia M. Balais at once six (6) cavans of palay or its money equivalent in the sum of P780.00 and two (2) cavans to Unimasters, Inc., represented by Engineer Willard Chan of Tacloban City.

"Given at the Leyte Government Center, Palo, Leyte, Philippines, on this 31st day of January, 1986." (pp. 72-73, Rollo)

In his letter, received on July 8, 1986, Judge Dacuycuy has informed this Court that respondent has already paid to the Complainant the full amount of P780.00 representing the cost of six (6) cavans of palay.chanrobles.com:cralaw:red

Notwithstanding such satisfaction, we find that respondent has failed to fully justify his act of taking ten (10) sacks of palay from the Complainant even after having been apprised that the palay was not all harvested from Lot 2218 but from another parcel of land also tenanted by Complainant. He allowed himself to be influenced by a lawyer, who seemed bent at seizing the palay, irrespective of the source of harvest. The better part of discretion would have been to have deposited the palay at a warehouse until the controversy as to the source of palay could have been settled by the Court.

Respondent, and all Sheriffs for that matter, should be reminded that Writs of Execution should always be served and enforced with prudence and caution, taking into consideration all relevant circumstances. They should bear in mind the injunction in Peñalosa v. Viscaya (84 SCRA 298 [1978]) that:jgc:chanrobles.com.ph

"Public Officers, as recipients of a public trust, are under obligation to perform the duties of their offices honestly, faithfully and to the best of their ability. As trustees for the public, they should demonstrate courtesy and civility in their official actuations with the public. Every public officer is bound to use reasonable skill and diligence in the performance of his official duties, particularly where rights of individuals may be jeopardized by his neglect. In sum, he is bound virtute offici, to bring to the discharge of his duties that prudence, caution and attention which careful men usually exercise in the management of their own affairs."cralaw virtua1aw library

We find that respondent has been wanting in this regard.

ACCORDINGLY, as recommended by the Court Administrator, a fine equivalent to one (1) month’s salary is hereby imposed on respondent Deputy Provincial Sheriff Francisco Abuda, with a stern warning that the commission of the same or similar acts in the future will merit a stiffer penalty. A copy of this Resolution shall be attached to his personal file.

While Judge Dacuycuy is to be commended for his investigative action, in the interest of orderly procedure and as a matter of policy, it is best that all administrative complaints against Court personnel be addressed and or forwarded to this Court for appropriate action and disposition, which shall then order an investigation, if warranted.

SO ORDERED.

Yap, Narvasa, Cruz and Feliciano, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1986 Jurisprudence                 

  • G.R. No. L-32507 November 4, 1986 - PEOPLE OF THE PHIL. v. FRANCISCO PANCHO, ET AL.

  • G.R. No. L-40945 November 10, 1986 - IGMEDIO AZAJAR v. COURT OF APPEALS, ET AL.

  • G.R. No. L-41811 November 10, 1986 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. L-42180 November 10, 1986 - CONCESO DIAZ v. COURT OF APPEALS, ET AL.

  • G.R. No. L-46392 November 10, 1986 - EMMA DELGADO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-47276 November 10, 1986 - ESPERANZA BUYCO v. SECRETARY OF LABOR

  • G.R. Nos. L-50622-23 November 10, 1986 - BERNARDO CARABOT, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-60548 November 10, 1986 - PHILIPPINE GLOBAL COMMUNICATIONS, INC. v. BENJAMIN RELOVA

  • G.R. Nos. L-68523-24 November 10, 1986 - PEOPLE OF THE PHIL. v. WILLIAM ESLABON, ET AL.

  • G.R. No. L-68789 November 10, 1986 - JOSE LEE, ET AL. v. PRESIDING JUDGE, MUNICIPAL TRIAL COURT OF LEGAZPI CITY, BRANCH I, ET AL.

  • G.R. No. 74521 November 11, 1986 - BANK OF AMERICA NT & SA v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. Nos. L-68268 November 12, 1986 - FELIX VILLACORTA v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. L-41315 November 13, 1986 - PILIPINAS SHELL PETROLEUM CORPORATION v. OIL INDUSTRY COMMISSION, ET AL.

  • G.R. No. L-46573 November 13, 1986 - PABLO B. LOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. L-55033-34 November 13, 1986 - PEOPLE OF THE PHIL. v. RENATO M. ALDEMITA

  • G.R. Nos. L-62654-58 November 13, 1986 - PEOPLE OF THE PHIL. v. RAMON DAGANGON, ET AL.

  • G.R. No. L-69876 November 13, 1986 - PEOPLE OF THE PHIL. v. PUTTHI NATIPRAVAT, ET AL.

  • G.R. No. 70145 November 13, 1986 - MARCELO A. MESINA v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 70332-43 November 13, 1986 - GENEROSO TRIESTE, SR. v. SANDIGANBAYAN

  • G.R. Nos. 71942-43 November 13, 1986 - PEOPLE OF THE PHIL. v. CARLITO DE JESUS

  • G.R. No. L-24856 November 14, 1986 - NATIONAL POWER CORPORATION v. EIN CHEMICAL CORPORATION, ET AL.

  • G.R. No. L-43706 November 14, 1986 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. L-45255 November 14, 1986 - HEIRS OF MARCIANA G. AVILA v. COURT OF APPEALS, ET AL.

  • G.R. No. L-48787 November 14, 1986 - ABADESA MUÑOZ HECHANOVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. L-57184-85 November 14, 1986 - PEOPLE OF THE PHIL. v. EUGENIA ABANO, ET AL.

  • G.R. No. L-59604 November 14, 1986 - PEOPLE OF THE PHIL. v. VICTORIO B. PIA

  • G.R. No. 74243 November 14, 1986 - ASUNCION SANTOS v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-50103 November 24, 1986 - PEOPLE OF THE PHIL. v. LEONARDO TOLENTINO

  • G.R. No. L-53834 November 24, 1986 - PEOPLE OF THE PHIL. v. MANUEL E. TAN, JR., ET AL.

  • G.R. No. L-54901 November 24, 1986 - PEOPLE OF THE PHIL. v. RICARDO ABUEG

  • G.R. No. L-65629 November 24, 1986 - TERESITA E. AGBAYANI, ET AL. v. ANTONIO M. BELEN, ET AL.

  • G.R. No. 71305 November 24, 1986 - MANUEL SOLIMAN v. SANDIGANBAYAN, ET AL.

  • G.R. No. 71381 November 24, 1986 - PEOPLE OF THE PHIL. v. CONSTANTINO PECARDAL

  • G.R. No. L-43182 November 25, 1986 - MARCIAL F. SAMSON v. COURT OF APPEALS, ET AL.

  • G.R. No. L-56315 November 25, 1986 - CLEMENTE FONTANAR, ET AL. v. RUBEN BONSUBRE, ET AL.

  • G.R. No. L-68230 November 25, 1986 - COMMISSIONER OF INTERNAL REVENUE v. CONSTRUCTION RESOURCES OF ASIA, INC., ET AL.

  • G.R. No. L-68298 November 25, 1986 - PEOPLE OF THE PHIL. v. BENJAMIN BAÑARES

  • G.R. No. 71410 November 25, 1986 - JOSEFINO S. ROAN v. ROMULO T. GONZALES, ET AL.

  • G.R. No. 72182 November 25, 1986 - DEE HUA LIONG ELECTRICAL EQUIPMENT CORPORATION v. ROMEO REYES, ET AL.

  • G.R. No. L-23039 November 26, 1986 - RAMCAR, INC. v. CENTRAL BANK OF THE PHILIPPINES

  • G.R. No. L-42230 November 26, 1986 - LAURO IMMACULATA v. PEDRO C. NAVARRO

  • G.R. No. L-46145 November 26, 1986 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-53692 November 26, 1986 - LOURDES RAMOS, ET AL. v. GUILLERMO N. PABLO, ET AL.

  • G.R. No. L-55912 November 26, 1986 - HEIRS OF DOMINGO P. BALOY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-59919 November 26, 1986 - MALAYAN INSURANCE CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 73184-88 November 26, 1986 - ZAMBALES BASE METALS, INC. v. MINISTER OF LABOR, ET AL.

  • G.R. No. 75089 November 26, 1986 - LILIA LOPEZ-JISON v. SOCIAL SECURITY COMMISSION, ET AL.

  • A.M. No. R-565-P November 27, 1986 - CONSORCIA BALAIS v. FRANCISCO ABUDA

  • A.M. No. R-586-P November 27, 1986 - CONSTANCIA FABRIGARAS v. NORA B. NEMEÑO

  • G.R. No. L-43195 November 27, 1986 - FIDEL GUEVARRA v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-48117 November 27, 1986 - BRICCIO B. TENORIO v. ERNANI CRUZ PAÑO, ET AL.

  • G.R. No. L-55703 November 27, 1986 - PHILIPPINE OVERSEAS DRILLING AND OIL DEVELOPMENT CORPORATION v. MINISTRY OF LABOR, ET AL.

  • G.R. No. L-59213 November 27, 1986 - CONGRESSIONAL COMMERCIAL CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-45101 November 28, 1986 - ROSARIO C. MAGUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. L-46158 November 28, 1986 - TAYUG RURAL BANK v. CENTRAL BANK OF THE PHILIPPINES

  • G.R. No. 73399 November 28, 1986 - PEOPLE OF THE PHIL. v. RAMON S. ABEDES