ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-1997 Jurisprudence                 

  • Adm. Matter No. MTJ-97-1123 October 2, 1997 - JOSELITO R. ENRIQUEZ v. RUBY B. CAMARISTA

  • Adm. Matter No. P-97-1255 October 2, 1997 - SIBANAH E. USMAN v. JULIUS G. CABE

  • Adm. Matter No. RTJ-93-1080 October 2, 1997 - HANSON SANTOS v. SANCHO DAMES II, ET AL.

  • G.R. No. 102900 October 2, 1997 - MARCELINO ARCELONA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108897 October 2, 1997 - SARKIES TOURS PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116184 October 2, 1997 - NATION BROADCASTING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 116720 October 2, 1997 - PEOPLE OF THE PHIL. v. ROEL ENCINADA

  • G.R. No. 117240 October 2, 1997 - PNCC v. NLRC, ET AL.

  • G.R. No. 120961 October 2, 1997 - DISTILLERIA WASHINGTON v. LA TONDEÑA DISTILLERS, ET AL.

  • G.R. No. 121449 October 2, 1997 - SANYO TRAVEL CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 123172 October 2, 1997 - PEOPLE OF THE PHIL. v. FELIX DE GUIA

  • G.R. No. 102366 October 3, 1997 - PEOPLE OF THE PHIL. v. HECTOR VASQUEZ, ET AL.

  • Adm. Matter No. P-97-1250 October 6, 1997 - DOMINADOR D. BORNASAL, JR. v. JAIME T. MONTES

  • G.R. No. 83402 October 6, 1997 - ALGON ENGINEERING CONSTRUCTION CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 103585 October 6, 1997 - NATIONAL ELECTRIFICATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 118935 October 6, 1997 - PEOPLE OF THE PHIL. v. FERNANDO LO-AR

  • G.R. No. 123445 October 6, 1997 - BENJAMIN TOLENTINO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 104774-75 October 8, 1997 - ZACARIAS OARDE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107992 October 8, 1997 - ODYSSEY PARK, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110115 October 8, 1997 - RODOLFO TIGNO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125616 October 8, 1997 - MARIO RABAJA v. COURT OF APPEALS, ET AL.

  • G.R. No. 95694 October 9, 1997 - VICENTE VILLAFLOR v. COURT OF APPEALS, ET AL.

  • G.R. No. 98328 October 9, 1997 - JUAN C. CARVAJAL v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 106632 & 106678 October 9, 1997 - DORIS TERESA HO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 111194 October 9, 1997 - PEOPLE OF THE PHIL. v. WILFREDO G. TEODORO

  • G.R. No. 113447 October 9, 1997 - ALAIN MANALILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 118992 October 9, 1997 - PEOPLE OF THE PHIL. v. CELERINO CASTROMERO

  • Adm. Case No. 4467 October 10, 1997 - GIL A. DE LEON, ET AL. v. RODOLFO BONIFACIO, ET AL.

  • G.R. No. 103028 October 10, 1997 - CARLOTA DELGADO VDA. DE DELA ROSA v. COURT OF APPEALS

  • G.R. No. 107434 October 10, 1997 - CITIBANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111148 October 10, 1997 - ENRIQUE A. SOBREPEÑA, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115938 October 10, 1997 - PEOPLE OF THE PHIL. v. FERNANDO GALERA

  • G.R. No. 119360 October 10, 1997 - PAL, INC. v. ACTING SECRETARY OF LABOR, ET AL.

  • G.R. No. 119523 October 10, 1997 - ISABELO VIOLETA, ET AL. v. NLRC, ET AL.

  • G.R. No. 120191 October 10, 1997 - LORETO ADALIN, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-96-1199 October 13, 1997 - VLADIMIR BRUSOLA v. EUDARLIO B. VALENCIA, JR.

  • G.R. No. 68166 October 13, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • Adm. Matter No. MTJ-91-562 October 16, 1997 - EQUATORIAL REALTY DEVELOPMENT, INC. v. CASIANO P. ANUNCIACION

  • Adm. Matter No. MTJ-97-1139 October 16, 1997 - ROBERTO ESPIRITU v. EDUARDO JOVELLANOS

  • Adm. Matter No. P-92-747 October 16, 1997 - JESUS R. LLAMADO v. ARMANDO RAVELO

  • Adm. Matter No. P-96-1189 October 16, 1997 - LELU P. CONTRERAS v. SALVADOR C. MIRANDO

  • Adm. Matter No. P-96-1207 October 16, 1997 - D. ROY A. MASADAO, ET AL. v. GERALDINE GLORIOSO, ET AL.

  • Adm. Matter No. P-97-1252 October 16, 1997 - ORESTES R. SANTOS v. NORBERTO V. DOBLADA, JR.

  • Adm. Matter No. RTJ-97-1375 October 16, 1997 - ROMULO B. MACALINTAL v. ANGELITO C. TEH

  • Adm. Matter No. RTJ-97-1391 October 16, 1997 - ROMULO A. RIVERA v. EFREN A. LAMORENA

  • Adm. Matter No. 97-9-97-MCTC October 16, 1997 - REPORT ON THE JUDICIAL AUDIT OF THE MCTC OF DINGLE-DUENAS, ILOILO

  • G.R. No. 94457 October 16, 1997 - VICTORIA LEGARDA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 102936 October 16, 1997 - LEVY AGAO, ET AL. v. NLRC, ET AL.

  • G.R. No. 105668 October 16, 1997 - PEOPLE OF THE PHIL. v. HERNANDO DALABAJAN, ET AL.

  • G.R. No. 112745 October 16, 1997 - AQUILINO T. LARIN v. EXECUTIVE SECRETARY, ET AL.

  • G.R. No. 113271 October 16, 1997 - WATEROUS DRUG CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 115282 October 16, 1997 - PEOPLE OF THE PHIL. v. MEDEL MAMALAYAN, ET AL.

  • G.R. Nos. 117399-117400 October 16, 1997 - PEOPLE OF THE PHIL. v. ZALDY JAGOLINGAY, ET AL.

  • G.R. No. 118230 October 16, 1997 - ABUNDIA BINGCOY v. COURT OF APPEALS, ET AL.

  • G.R. No. 118651 October 16, 1997 - PIONEER TEXTURIZING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 118853 October 16, 1997 - BRAHM INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. No. 118946 October 16, 1997 - PEOPLE OF THE PHIL. v. RICO JAMLAN SALEM

  • G.R. No. 121582 October 16, 1997 - SOUTHERN COTABATO DEV. & CONSTRUCTION, ET AL. v. NLRC, ET AL.

  • G.R. No. 121687 October 16, 1997 - HEIRS OF MARCELINO PAGOBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 123248 October 16, 1997 - TWIN ACE HOLDINGS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128054 October 16, 1997 - KILOSBAYAN, INC., ET AL. v. COMELEC, ET AL.

  • G.R. No. 113003 October 17, 1997 - ALBERTA YOBIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113788 October 17, 1997 - PEOPLE OF THE PHIL. v. NORLITO GERON

  • G.R. No. 117459 October 17, 1997 - MOISES B. PANLILIO v. NLRC, ET AL.

  • G.R. Nos. 122474-76 October 17, 1997 - PEOPLE OF THE PHIL. v. VICTOR ABRECINOZ

  • G.R. No. 128119 October 17, 1997 - MURLI SADHWANI, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1393 October 20, 1997 - ALAN SUASIN v. ERNESTO DINOPOL

  • G.R. No. 107747 October 20, 1997 - PEOPLE OF THE PHIL. v. ARNOLD TALINGTING

  • G.R. No. 99838 October 23, 1997 - PEOPLE OF THE PHIL. v. ERNESTO ENRIQUEZ, ET AL.

  • G.R. No. 105008 October 23, 1997 - PEOPLE OF THE PHIL. v. DOMENCIANO VASQUEZ

  • G.R. No. 108905 October 23, 1997 - GRACE CHRISTIAN HIGH SCHOOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 111155 October 23, 1997 - COSMOS BOTTLING CORP. v. NLRC, ET AL.

  • G.R. No. 111662 October 23, 1997 - A.G. DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118192 October 23, 1997 - PRO LINE SPORTS CENTER, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119777 & 120690 October 23, 1997 - HEIRS OF PEDRO ESCANLAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126321 October 23, 1997 - TOYOTA CUBAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112733 October 24, 1997 - PEOPLE’S INDUSTRIAL AND COMMERCIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114398 October 24, 1997 - CARMEN LIWANAG v. COURT OF APPEALS, ET AL.

  • G.R. No. 125469 October 27, 1997 - PHILIPPINE STOCK EXCHANGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130644 October 27, 1997 - FRANCISCO JUAN LARRANAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118240 October 28, 1997 - PEOPLE OF THE PHIL. v. GIOVANNI BAJAR

  • G.R. No. 124099 October 30, 1997 - MANUEL G. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104504 October 31, 1997 - PEDRITO PASTRANO v. COURT OF APPEALS, ET AL.

  •  





     
     

    Adm. Matter No. P-97-1250   October 6, 1997 - DOMINADOR D. BORNASAL, JR. v. JAIME T. MONTES

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [Adm. Matter No. P-97-1250. October 6, 1997.]

    DOMINADOR D. BORNASAL, JR., Clerk of Court and Ex-Officio Sheriff, RTC, Valenzuela, Metro Manila, Complainant, v. DEPUTY SHERIFF JAIME T. MONTES, RTC, Branch 75, Valenzuela, Metro Manila, Respondent.


    D E C I S I O N


    HERMOSISIMA, JR., J.:


    The Constitutional mandate 1 requiring all public officers and employees to be accountable to the people at all times is a tall order. For its part, this Court condemns and would never countenance any conduct, act or omission on the part of all those involved in the administration of justice which would violate the norm of public accountability. Such violation merits a penalty commensurate to the gravity of the act but not without mercy and compassion when the facts surrounding the violation so dictate.

    Petitioner charged respondent deputy sheriff with certain unauthorized acts relative to a petition for extrajudicial foreclosure of real estate mortgage which was lodged at the petitioner’s office, by virtue of Act No. 3115, as amended, allowing extrajudicial foreclosure sales under the direction of the petitioner, as Ex-Oficio Sheriff.

    In a Letter-Complaint dated April 3, 1996, addressed to Executive Judge Adriano R Osorio of the Regional Trial Court of Valenzuela, Metro Manila, petitioner made the following allegations: (a) that upon examination of the subject petition for extrajudicial foreclosure dated December 6, 1995 docketed as Foreclosure Case No. 738-V-95 entitled "Fourleaf Fundlending and Development Corporation (FFDC) v. Sps. Baltazora Parras Calderon and Felino Calderon," petitioner realized that the real property involved was located at Taytay, Rizal, hence, he refused to issue a Notice of Sheriff’s Sale; (b) that respondent deputy sheriff, together with a lady representative of FFDC argued that pursuant to the provisions of the Promissory Note between FFDC and the Spouses Calderon, the stipulated venue of any legal action relative to the contract of loan, secured by a real estate mortgage, shall be in Valenzuela, Metro Manila or in any competent court at the option of FFDC, as mortgagee; (c) that petitioner insisted that he could not conduct any foreclosure sale of the subject property which was located at Taytay, Rizal based on the limitation contained in Section 2 of Act No. 3135, as amended; (d) that on January 16, 1996, upon petitioner’s advise, FFDC filed a withdrawal of its petition for extrajudicial foreclosure; (e) that on April 1, 1996, petitioner received summons from the Regional Trial Court of Antipolo, Rizal in a case for Annulment of Foreclosure, Specific Performance with Damages and Preliminary Injunction with Prayer for Urgent Issuance of a TRO filed by Spouses Calderon against him and FFDC as a consequence of the Notice of Sheriff’s Sale in Foreclosure Case No. 738-V-95 signed by respondent deputy sheriff purportedly for and in behalf of the petitioner; and (f) that respondent deputy sheriff issued the aforesaid Notice of Sheriff’s Sale without authority from the petitioner and that the publication apparently effected in connection therewith was also unauthorized.

    On April 3, 1996, in his Comment, respondent deputy sheriff categorically admitted all the accusations made by the petitioner against him in the latter’s letter-complaint. However, by way of defense, respondent deputy sheriff invoked good faith and declared that his issuance of the Notice of Sheriff’s Sale and its subsequent publication were prompted by the vehement request of Spouses Calderon.

    After due deliberation, we are convinced that the unauthorized acts complained of constituted grave abuse of authority and gross misconduct which deserve a sterner penalty than reprimand as recommended by the Executive Judge.chanrobles virtual lawlibrary

    It is evident from the record of this case that the defense of good faith under the circumstances is unavailing. As deputy sheriff, respondent could not have been honestly unaware of the legal consequences of his act of effecting a notice of sheriff’s sale and its publication after a withdrawal of the petition for extrajudicial foreclosure of real estate mortgage was submitted by FFDC as petitioner/mortgagee.

    In the instant case, the subject Notice of Sheriff’s Sale was never included in the list of foreclosure cases to be raffled for publication as required by the rules in view of the fact that Foreclosure Case No. 738-V-95 was subsequently withdrawn upon petitioner’s advice. Petitioner directed FFDC’s lady representative to file FFDC’s petition for extrajudicial foreclosure in the Office of the Clerk of Court that has jurisdiction over Taytay Rizal, in accordance with Section 2 of Act 3135, as amended, which provides that:jgc:chanrobles.com.ph

    "The sale shall be made in the province in which the property sold is situated and in case the place within said province in which the sale is to be made is the subject of stipulation, the sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is situated."cralaw virtua1aw library

    Respondent deputy sheriff ought to have been guided by his superior’s advice regarding the withdrawal of the subject foreclosure case. As the enforcement arm of the judiciary, deputy sheriffs must at all times be circumspect in the performance of their duties. Respondent’s act of signing the Notice of Sheriff’s Sale apparently for and in behalf of his superior is a clear case of insubordination and gross misconduct. His alleged partiality in favor of the mortgagors to help them settle their obligation cannot be countenanced by this Court.

    Once again, it is well to remind all persons serving the Government through its Judicial Arm that the conduct and behavior of every person connected with an office charged with the dispensation of justice, from the presiding judge to the lowest clerk, is tasked with a heavy burden of responsibility. His conduct, at all times, must not only be characterized by propriety and decorum but also, and above all else, be above suspicion. 2

    Sheriffs and deputy-sheriffs, as officers of the Court and, therefore, agents of the law, must discharge their duties with due care and utmost diligence because in serving the court’s writs and processes and in implementing the orders of the court, they cannot afford to err without affecting the efficiency of the enforcement process of the administration of justice. 3

    It is beyond question that the administration of justice is a sacred task so that respondent deputy sheriff, by the very nature of his duties and responsibilities, should have borne in mind that his unauthorized acts were violative of the norms of public accountability, hence, contributory to the diminishing image of the people’s faith in the Judiciary. 4

    In fine, in view of all the foregoing, we are in accord with OCA’s observation that the "respondent’s plea for forgiveness appears sincere and proceeds from a voluntary admission of the charges from a repentant heart" so that this Court tempers with mercy and compassion the imposable penalty in the instant case.

    WHEREFORE, premises considered, Deputy Sheriff Jaime T. Montes is SUSPENDED from office for a period of one (1) month without pay with a STERN WARNING that a repetition of the same offense will be dealt with more severely.

    SO ORDERED.

    Davide, Jr., Bellosillo, Vitug and Kapunan, JJ., concur.

    Endnotes:



    1. Sec. 1. Art. XI, 1987 Constitution.

    2. See Atty. Wilfredo C. Banogan v. Felipe T. Arias, Sheriff III, Office of the Clerk of Court, MTCC, Davao City, AM No. P-97-1240, prom. June 19, 1997 citing Del Rosario v. Bascar, Jr., 206 SCRA 678 [1992] and Jereos, Jr. v. Reblando, Sr., 71 SCRA 126 [1976].

    3. See NBI and Santiago N. Salvador v. Rodolfo G. Tuliao, Sheriff IV of the RTC of Cauayan, Isabela, Branch 20, AM No. P-96-1184, prom. March 24, 1997; and Felisa Elic Vda. de Abellera v. Nemesio N. Dalisay, Deputy Sheriff, RTC, Branch 9, Balayan, Batangas, AM No. P-87-100, prom. February 12, 1997.

    4. See Eddie Babor v. Vito P. Garchitorena, Deputy Sheriff, RTC, OCC, Pili Camarines Sur, AM No. P-94-1070, prom. April 8, 1997 citing Sy v. Academia 198 SCRA [1991]; and Ernio Portes v. Deputy Provincial Sheriff Cesario G. Tepace, AM No. P-92-1235, prom. Jan. 30, 1997 citing Vda. de Tisado v. Tabliza, Et Al., 253 SCRA 646 [1996].

    Adm. Matter No. P-97-1250   October 6, 1997 - DOMINADOR D. BORNASAL, JR. v. JAIME T. MONTES


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED