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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-01-1483   September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. P-01-1483. September 20, 2001.]

    EDNA FE F. AQUINO, Complainant, v. ISABELO LAVADIA, Sheriff IV, Regional Trial Court, Cabana, Isabela, Respondent.

    D E C I S I O N


    PANGANIBAN, J.:


    Sheriffs have a ministerial duty to implement writs of execution promptly. Their unreasonable failure or neglect to perform such function constitutes inefficiency and gross neglect of duty.chanrob1es virtua1 1aw 1ibrary

    The Case


    Before us is an Administrative Complaint charging Isabelo Lavadia, Sheriff IV of the Regional Trial Court (RTC) of Cabagan, Isabela, with inefficiency and gross neglect of duty arising from his alleged refusal to execute the Writs of Execution in Civil Case Nos. 20-576, 20-613, 20-627 and 19-411.chanrob1es virtua1 1aw 1ibrary

    The Facts


    The facts are disclosed by complainant in her letter-complaint 1 as follows:jgc:chanrobles.com.ph

    "In relation to our business, we have filed numerous cases in court for collection of sum[s] of money. Some of these cases have been decided in our favor but unfortunately the judgment[s] have not been satisfied either because of the stubborn refusal of the sheriff to execute said judgment or maybe just the utter laziness on his part. At least six writs of execution were endorsed to Sheriff Lavadia. Some of these writs were even issued way back 1995 but unfortunately Sheriff Lavadia has not executed any of these writs. We have written Sheriff Lavadia about this but he has yet to act on our request (copies of our letters are hereto attached). In our last letter dated April 3, 1998, our legal counsel specifically told him to provide us a copy of his Sheriffs Report to inform us on the progress of the implementation of the writs, but he has not provided us with the reports as mandated by the Rules of Court. Much worse, he has not even given us the courtesy of any reply. Is it too much for us, as the winning party, to be informed about the progress of the implementation of the writs? After all, until and unless these judgments are fully satisfied, the ends of justice could not be truly served.

    "We have been patient and we have bided our time, even making verbal requests and inquiries, in addition to our written requests but still no action has been taken by Sheriff Lavadia. We have come to your office as a last resort. We believe that we have given sheriff Lavadia more than enough for him to perform [the] duty he has sworn to do. 2

    In his Comment, 3 respondent admits the non-execution of the Writs referred to by complainant. The former explains that the delay or failure to do so was caused, not by his obstinate refusal to execute them, but rather by his heavy workload as the only sheriff in Cabagan, Isabela. We quote his version of the facts as follows:jgc:chanrobles.com.ph

    "On the assertion of Ms. EDNA F. AQUINO that I refused to implement the Writ of Execution issued by the HONORABLE COURT in favor of Equity Machineries, Inc., I deny the same. I did not refuse to execute the writs. I ha[ve] always believed that it is my bounde[n] duty to execute every writ endorsed to my office for execution. [T]he non-execution of the writs referred to by MS. AQUINO was not due to my obstinate refusal but rather, (to be more accurate), due to inadvertence considering the volume of my work load as the only sheriff in Branch 22. Cabagan, Isabela. The undersigned is the sheriff assigned [to] RTC Branch 22, Cabagan, Isabela.

    "It is worth[y] to note that RTC Branch 22, Cabagan, Isabela is a single sala. Aside from the writs of execution and other writs issued by the RTC-22 Cabana, Isabela, to be acted upon by the undersigned there are also writs and other processes issued by the different Municipal Trial Courts and Municipal Circuit Trial Courts within the territorial jurisdiction of RTC-22, Cabagan, Isabela to be attended to." 4

    Recommendation of the OCA

    In its Report and Recommendation, 5 the Office of the Court Administrator (OCA) found respondent administratively liable for his failure to implement the subject Writs. Considering his explanation unacceptable, it ruled on the matter as follows:jgc:chanrobles.com.ph

    "EVALUATION: The factual matters in this complaint are not in dispute. Respondent sheriff admits to the fact of failing to implement the writs of execution in question due to inadvertence, citing voluminous workload on his part.

    "Respondent sheriffs reason is unacceptable. Under Section 9, Rule 39 of the Rules of Court, a sheriff is under obligation to enforce the execution of a money judgment by demanding from the [judgment] obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. If the judgment obligor cannot pay all or part of the obligation, the sheriff shall levy upon the properties of the [judgment] obligor. In the exercise of this mandate, the sheriff performs only a ministerial function. When a writ is placed in the hands of a sheriff, it is his ministerial duty to proceed with reasonable celerity and promptness to execute it in accordance with its mandates (Onquit v. Binamira-Parcia, 297 SCRA 354). A sheriff has no discretion whether to execute it or not.

    "In this case, complainant has [waited] for five (5) years for the writs to be implemented by respondent sheriff and has made countless follow ups with the latter only to be frustrated time and time again by respondent sheriff’s inaction. What [is] apparently lost to respondent is that the prevailing party in a case is entitled to the fruits of her victory. As an officer of the court, respondent sheriff was tasked to enable the prevailing party to benefit from the judgment.chanrob1es virtua1 1aw 1ibrary

    "RECOMMENDATION: Respectfully submitted for the consideration of the Honorable Court are the following recommendations:chanrob1es virtual 1aw library

    ‘1. That the letter-complaint dated December 6, 1999 against respondent Isabelo Lavadia, Sheriff IV, RTC, Branch 42, Cabagan, Isabela be given due course and RE-DOCKETED as an administrative matter;

    ‘2. That respondent Sheriff Isabelo Lavadia be SUSPENDED for a period of one (1) month without pay.’" 6

    The Court’s Ruling


    We agree with the findings of the OCA and adopt its recommendations with some modifications.

    Respondent’s Administrative Liability

    The failure to implement the subject Writs is undisputed, as respondent in fact admitted. But, instead of offering a reasonable and legitimate justification for their non-execution, he sought solace in his allegedly burdensome workload.chanrob1es virtua1 1aw 1ibrary

    The Court cannot countenance respondent’s negligence or allow him to evade appropriate administrative sanctions on the convenient subterfuge of "heavy workload."cralaw virtua1aw library

    The Writs sought to be enforced had been issued as far back as 1995. Thereafter to effect their implementation, complainant sent respondent several formal letters and verbal requests.

    Notwithstanding these demands, respondent neglected to act on the Writs which, up to now, remain unexecuted. His allegedly heavy workload is an unacceptable excuse, considering that more than five years have lapsed from the time those Writs should have been enforced. Moreover, complainant’s continuous inquiries, requests and follow-ups to effect their enforcement should have prompted him to act on the matter expeditiously. But despite the filing of this administrative case, he has not shown any effort to implement the Writs. Worse, he has not even manifested any intention to do so.chanrob1es virtua1 1aw 1ibrary

    Sheriffs ought to know that they have a sworn responsibility to serve writs of execution with utmost dispatch. 7 When writs are placed in their hands, it is their ministerial duty to proceed with reasonable celerity and promptness to execute them in accordance with their mandate. 8 Unless restrained by a court order, they should see to it that the executions of judgments are not unduly delayed. 9 Accordingly, they must comply with their mandated ministerial duty as speedily as possible. 10

    Respondent’s procrastination, which resulted in the long-delayed execution of the court’s judgments, is truly deplorable. 11 Rendered inutile is a decision left unexecuted or delayed indefinitely because of the sheriff’s inefficiency, negligence, misconduct or ignorance. Moreover, the parties who are prejudiced tend to condemn the entire judicial system. 12

    All employees in the judiciary should be examples of responsibility, competence and efficiency. As officers of the court and agents of the law, they must discharge their duties with due care and utmost diligence. Any conduct they exhibit tending to diminish the faith of the people in the judiciary will not be condoned. 13

    Sheriffs, in particular, play an important part in the administration of justice. In serving court writs and processes and in implementing court orders, they cannot afford to procrastinate without affecting the efficiency of court processes and the administration of justice. 14 Given their important functions as frontline representatives of the justice system, they should be imbued with a sense of professionalism in the performance of their duties. When they lose the people’s trust, they diminish the people’s faith in the justice system itself. 15

    While the recommended penalty of one-month suspension is reasonable, the suspension of respondent is not advisable at this point, considering that his work would be left unattended by reason of his absence. Furthermore, he may use his suspension as another excuse to justify his inaction and inefficiency in other matters pending before his office. Instead, we deem it appropriate to impose a fine equivalent to his one-month salary, so that he can finally implement the subject Writs and perform the other duties of his office. 16

    WHEREFORE, respondent is found guilty of inefficiency and gross neglect of duty, and a FINE equivalent to his one-month salary is hereby imposed upon him. Likewise, upon receipt of this Decision, respondent sheriff is hereby DIRECTED to immediately implement the subject Writs. He is warned that the commission of the same offense or a similar act in the future will be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Melo, Vitug, Gonzaga-Reyes and Sandoval-Gutierrez, JJ., concur.

    Endnotes:



    1. Rollo, pp. 2-3.

    2. Ibid.

    3. Letter-Comment of Respondent Sheriff Lavadia dated February 21, 2000; rollo, pp. 9-10.

    4. Rollo, p. 8.

    5 Rollo, pp. 16-17.

    6. Ibid.

    7. Portes v. Tepace, 267 SCRA 185, January 30, 1997.

    8. Mamanteo v. Magumun, 311 SCRA 259, July 28, 1999.

    9. Marisga-Magbanua v. Villamar V, 305 SCRA 132, March 25, 1999.

    10. Vda. de Tisado v. Tablizo, 253 SCRA 646, February 20, 1996.

    11. Baes v. Bautista, 260 SCRA 527, August 13, 1996.

    12. Portes v. Tepaca, supra.

    13. Philippine Bank of Communications v. Torio, 284 SCRA 67, January 14, 1998.

    14. Bornasal Jr. v. Montes, 280 SCRA 181, October 6, 1997.

    15. Dilan v. Dulfo, 304 SCRA 460, March 11, 1999.

    16. Villareal v. Rarama, 247 SCRA 493, August 23, 1995.

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


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