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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

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    A.M. No. P-00-1373   September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. P-00-1373. September 4, 2001.]

    (Formerly OCA IPI No. 97-365-P)

    ELIZABETH A. TIONGCO, Complainant, v. SHERIFFS ROGELIO S. MOLINA and ARNEL G. MAGAT, Respondents.

    D E C I S I O N


    QUISUMBING, J.:


    Before the Office of the Court Administrator, Elizabeth A. Tiongco of La Loma, Quezon City, charged Sheriff IV Rogelio S. Molina and Sheriff IV Arnel Magat, both employed in the Office of the Clerk of Court, Regional Trial Court, Biñan, Laguna; with dereliction and dishonesty in the performance of duty.chanrob1es virtua1 1aw 1ibrary

    In her sworn letter-complaint 1 dated October 8, 1997, Tiongco stated that she is the owner of a residential unit leased by spouses Ernesto Dado and Salvacion Dado in Block 5, Lot 1, Golden City Subdivision, Canlalay, Biñan. For their failure to pay monthly rentals, Tiongco filed a suit for ejectment against the Dados before the Municipal Trial Court of Biñan. After Tiongco won the suit, the Dados filed an appeal before the Regional Trial Court of Laguna but failed to post their supersedeas bond. Consequently, Tiongco filed a Motion for Execution Pending Appeal which was granted by Judge Rodrigo V. Cosico of the RTC of Laguna, Branch 24, in an Order dated July 23, 1997. 2 A writ of execution dated July 25, 1997, was accordingly issued by the Clerk of Court, addressed to Sheriff Rogelio S. Molina or his authorized representative. 3 Sheriff Molina then assigned the implementation of said writ to his representative, Sheriff Arnel Magat. 4

    Complainant Tiongco claims that Magat asked for P3,000.00 from her but she only gave him P2,500.00. The money, according to her, was supposed to be given to the police and for transportation in levying and confiscating the personal property of the spouses Dado. She then went to the rented premises with Magat, but he asked her to leave, telling her that he would take charge of everything. 5

    The following day, Tiongco said, she learned that Magat did not confiscate any item or property from the Dados. She was likewise informed that Magat received a postdated check in his name from the Dados. 6 These developments prompted Tiongco to file an ex-parte motion praying that the court order Molina and Magat to explain what happened to the check and why the writ of execution remained unimplemented. 7 This motion was never acted upon.

    Thereafter, complainant Tiongco learned that the Dados had already left the rented residential unit. When she inquired from Magat and Molina, they informed her that they had just come to know of it and that they were not able to get anything from the Dados. 8

    In his Comment on the complaint, Molina denies committing any malfeasance or misfeasance. He claims that he had no participation in the implementation of the writ of execution as he already assigned this task to Sheriff Magat. He said the practice of assigning the implementation of a writ to a co-sheriff was authorized by Judge Cosico. 9

    For his part, Magat comments that the complaint against him lacks factual basis. He avers that he received the writ of execution from Sheriff Molina on July 25, 1997. He then proceeded to the leased premises with Lito Bati, a utility worker of the court; Patrolman Miguel Tenido, and six barangay tanods (watchmen). He claims that on the same date, he levied personal properties of the spouses Dado, namely: one (1) big cabinet, one (1) small dresser, one (1) garden set, one (1) TV set, one (1) sala set and one (1) refrigerator (Winner).chanrob1es virtua1 1aw 1ibrary

    Magat also claims that he only asked for P2,500.00, not P3,000.00 as claimed by the complainant. The money given to him by complainant was used for the implementation of the writ. He states that the P2,500.00 was given by him in turn to Lito Bati for safekeeping. Eventually it was disbursed to pay SPO4 Miguel Teñido and the owner of the jeep engaged to haul the properties levied as well as for the purchase of their food, 10 according to Magat.

    Magat adds that the leased premises was eventually turned over to complainant on October 7, 1998 as shown by a "Delivery of Possession" signed by Sheriff Molina. Magat executed a return form stating that the writ of execution was partially satisfied. 11

    Magat claims that complainant took actual possession of the levied properties despite his objections, considering that she was unsatisfied with the levy he made. In the meantime, Magat requested the spouses Dado to issue a check to cover the monetary portion of the decision. Said check was issued payable to the order of "Salvacion Dado" and remained unencashed as of the date of Magat’s answer to the complaint. 12

    In its report dated February 4, 2000, the Office of the Court Administrator opined that the records of the case show that Sheriff Molina had no participation in the implementation of the writ. He cannot, therefore, be held administratively liable for dishonesty and dereliction of duty.

    The OCA found that Sheriff Magat is the one liable for failing to comply with the last paragraph of Section 9, Rule 141 of the Rules of Court, 13 concerning sheriffs expenses. It recommended that he be fined 05,000.00 with a stern warning that a repetition of the same or similar act shall be dealt with more severely. 14

    We agree with the OCA’s findings and recommendation. Clearly, Sheriff Molina had no participation in the implementation of the said writ. He had assigned the task to Sheriff Magat and such assignment had the approval of Judge Cosico.

    It was Sheriff Magat who implemented the writ of execution issued by the court. He levied personal properties of the spouses as shown by the Sheriffs Return dated January 14, 1998. Further, he also convinced the defendant spouses to issue a personal check to cover the monetary portion of the decision. Nothing appears on record, however, to show that he deliberately delayed the implementation of the writ for his personal gain and to the disadvantage and injury of complainant. What is clearly shown is that Sheriff Magat overstepped his authority when he asked and personally received P2,500.00 from her. The fact that this money was allegedly used for the implementation of the writ is of no moment. Being an officer of the court, Magat must be aware that there are well-defined steps provided in the Rules of Court, particularly Rule 141, Sec. 9, final paragraph, regarding the payment of expenses that might be incurred with respect to properties to be levied. To restate what should be of common knowledge to court personnel:chanrob1es virtua1 1aw 1ibrary

    The rule requires the sheriff executing the writs or processes to estimate the expenses to be incurred and upon the approval of the estimated expenses the interested party has to deposit the amount with the Clerk of Court and the Ex-officio Sheriff. These expenses shall then be disbursed to the executing Sheriff subject to his liquidation within the same period for rendering a return on the process or writ. Any unspent amount shall be refunded to the party who made the deposit. . . . 15

    Sheriff Magat ignored the procedures set forth in the Rules of Court. The money was not deposited with the Clerk of Court and there was no showing that this amount was subjected to the court’s prior approval. He should have waited for the money to be officially disbursed to him if indeed due or required for expenses. He should not go on accepting money from a party, much less requesting for it. 16 Note that he also failed to properly liquidate the alleged expenses he incurred. Furthermore, he said he entrusted the expense money to one Lito Bati and left the disbursement thereof subject to the latter’s disposal. Obviously, this practice departed far from the accepted procedure provided in the Rules of Court.

    As a responsible officer of the Court, Sheriff Magat is bound to discharge his duties with prudence, caution, and attention which careful men usually exercise in the management of their affairs. Upon him depends the execution of a final judgment of the Court; as a sheriff, he must be circumspect and proper in his behavior. 17 His neglect and failure to comply faithfully with the provisions of Rule 141 created a negative impression and placed the sheriff’s office as well as the court itself in a bad light. Complainant Tiongco clearly has reason to charge him for dereliction of duty and negligence, although not for dishonesty.

    WHEREFORE, as recommended by the OCA, we find respondent Sheriff IV Arnel G. Magat, GUILTY of dereliction of duty and negligence for failure to comply with the final paragraph of Section 9, Rule 141, of the Rules of Court and hereby impose on him a fine of FIVE THOUSAND PESOS (P5,000.00) with a stern warning that a repetition of the same or similar act shall be dealt with more severely. The complaint against respondent Sheriff IV Rogelio S. Molina is DISMISSED for lack of merit.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Bellosillo, Mendoza, Buena and De Leon Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 1-3.

    2. Rollo, Annex "B" of the Complaint.

    3. Rollo, Annex "C" of the Complaint.

    4. Rollo, p. 2.

    5. Ibid.

    6. Ibid.

    7. Ibid.

    8. Ibid.

    9. 2nd Indorsement, March 24, 1998, pp. 1-2.

    10. 2nd Indorsement, March 25, 1998, pp. 1-2.

    11. Id. at 2.

    12. Ibid.

    13. Sec. 9, last par., In addition to the fees hereinabove fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriff’s expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards’ fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-oficio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor.

    14. Report of OCA, p. 5.

    15. Bercasio v. Benito, 275 SCRA 405, 411 (1997); See Sec. 9, Rule 141, Rules of Court:chanrob1es virtual 1aw library

    SEC. 9. Sheriffs and other persons serving processes. —

    (a) For serving summons and copy of complaint, for each defendant, fifty (P50.00) pesos;

    (b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty (P20.00) pesos;

    (c) For executing a writ of attachment against the property of defendant, fifty (P50.00) pesos;

    (d) For serving a temporary restraining order, or writ of injunction, preliminary or final, of any court, fifty (P50.00) pesos;

    (e) For executing a writ of replevin, fifty (P50.00) pesos;

    (f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond, twenty (P20.00) pesos;

    (g) For executing a writ or process to place a party in possession of real estate, one hundred (P100.00) pesos;

    (h) For advertising a sale, besides cost of publication, fifty (P50.00) pesos;

    (i) For taking inventory of goods levied upon when the inventory is ordered by the court, one hundred (P100.00) pesos per day of actual inventory work;

    (j) For levying on execution on personal or real property, fifty (P50.00) pesos;

    (k) For issuing a notice of garnishment, for each notice, twenty (P20.00) pesos;

    (l) For money collected by him by order, execution, attachment, or any other process, judicial or extrajudicial, the following sums, to wit:chanrob1es virtual 1aw library

    1. On the first four thousand (P4,000.00) pesos, four (4%) per centum.

    2. On all sums in excess of four thousand (P4,000.00) pesos, two (2%) per centum.

    In addition to the fees herein above fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriff’s expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards’ fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-oficio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor.

    16. See Caseñares v. Almeida, Jr., 324 SCRA 388, 395 (2000).

    17. Evangelista v. Penserga, 242 SCRA 702, 709 (1995), citing Eduarte v. Ramos, A.M. No. P-94-1069, 238 SCRA 36, 41 (1994).

    A.M. No. P-00-1373   September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.


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