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
 

   
December-2003 Jurisprudence                 

  • A.M. No. MTJ-03-1487 December 1, 2003 - SANGGUNIANG BAYAN OF GUINDULMAN v. MANUEL A. DE CASTRO

  • G.R. No. 147677 December 1, 2003 - PEOPLE OF THE PHIL. v. ROGELIO PIJO MILADO

  • G.R. Nos. 151111-12 December 1, 2003 - PEOPLE OF THE PHIL. v. ERNESTO M. ESCALANTE

  • G.R. No. 151981 December 1, 2003 - DIAMOND MOTORS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 153219 December 1, 2003 - PEOPLE OF THE PHIL. v. EDGAR P. MOLLEDA

  • G.R. No. 157860 December 1, 2003 - GSIS v. PROVINCE OF TARLAC

  • G.R. No. 149889 December 2, 2003 - PEOPLE OF THE PHIL. v. RUEL BACONGUIS

  • A.C. No. 5718 December 4, 2003 - EDUARDO T. ABAY v. RAUL T. MONTESINO

  • G.R. No. 125560 December 4, 2003 - ELIZA FRANCISCO BAGGENSTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 148228 December 4, 2003 - PEOPLE OF THE PHIL. v. PAMPING PAINGIN, ET AL.

  • A.M. No. 01-2-18-MTC December 5, 2003 - REPORT ON THE FINANCIAL AUDIT CONDUCTED AT THE MTC OF BANI, ALAMINOS AND LINGAYEN, IN PANGASINAN

  • G.R. No. 130876 December 5, 2003 - FRANCISCO ALONSO v. CEBU COUNTRY CLUB

  • A.C. No. 4219 December 8, 2003 - LOTHAR SCHULZ v. MARCELO G. FLORES

  • A.M. No. MTJ-99-1233 December 8, 2003 - ROSARIO D. ADRIANO v. FRANCISCO D. VILLANUEVA

  • A.M. No. RTJ-01-1638 December 8, 2003 - MANUEL T. MOLINA v. BENEDICTO A. PAZ, ET AL.

  • A.M. No. RTJ-02-1712 December 8, 2003 - ARMANDO M. MENDOZA v. ELIODORO G. UBIADAS

  • G.R. No. 127473 December 8, 2003 - PHIL AIRLINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129638 December 8, 2003 - ANTONIO T. DONATO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136960 December 8, 2003 - IRON BULK SHIPPING PHIL., CO., LTD. v. REMINGTON INDUSTRIAL SALES CORP.

  • G.R. No. 144823 December 8, 2003 - GRACIANO P. DELA CHICA, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 149250 December 8, 2003 - LEON AND LOLITA ESTACIO v. ERNESTO JARANILLA

  • G.R. No. 149465 December 8, 2003 - DARIA GONZALES VDA. DE TOLEDO v. ANTONIO TOLEDO, ET AL.

  • G.R. No. 150903 December 8, 2003 - VICENTE JOSEFA v. ZHANDONG TRADING CORP.

  • G.R. No. 154017 December 8, 2003 - DESAMPARADOS M. SOLIVA v. INTESTATE ESTATE of MARCELO M. VILLALBA, ET AL.

  • G.R. No. 154127 December 8, 2003 - ROMEO C. GARCIA v. DIONISIO V. LLAMAS

  • G.R. No. 154377 December 8, 2003 - LAND CAR, INC. v. BACHELOR EXPRESS, INC., ET AL.

  • G.R. No. 157118 December 8, 2003 - ILOILO CITY ZONING BOARD OF ADJUSTMENT AND APPEALS, ET AL. v. GEGATO-ABECIA FUNERAL HOMES, INC., ET AL.

  • A.M. No. MTJ-02-1418 December 10, 2003 - CARMENCITA D. CACATIAN v. RICARDO P. LIWANAG

  • A.M. No. P-03-1757 December 10, 2003 - GRIO LENDING SERVICES v. SALVACION SERMONIA

  • A.M. No. P-03-1758 December 10, 2003 - JOSEFA C. CHUPUNGCO v. BENJAMIN L. CABUSAO

  • G.R. No. 121997 December 10, 2003 - PEOPLE OF THE PHIL. v. ANDRES MASAPOL

  • G.R. No. 123917 December 10, 2003 - PEOPLE OF THE PHIL. v. ZOSIMO MIRANDA

  • G.R. No. 124058 December 10, 2003 - PEOPLE OF THE PHIL. v. JESUS G. RETUBADO

  • G.R. No. 131794 December 10, 2003 - RUBEN AUGUSTO, ET AL. v. TEODORO K. RISOS, ET AL.

  • G.R. No. 133883 December 10, 2003 - SPS. ARTURO AND NICETA SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140618 December 10, 2003 - PEOPLE OF THE PHIL. v. BERNARDO SARA

  • G.R. No. 140772 December 10, 2003 - PEOPLE OF THE PHIL. v. JOEL PEREZ

  • G.R. No. 141140 December 10, 2003 - PEOPLE OF THE PHIL. v. CRISPIN PAYOPAY

  • G.R. No. 142305 December 10, 2003 - SINGAPORE AIRLINES LIMITED v. ANDION FERNANDEZ

  • G.R. No. 144697 December 10, 2003 - RODOLFO ALARILLA, SR., ET AL. v. REYNALDO C. OCAMPO

  • G.R. No. 145217 December 10, 2003 - PEPITO SIBUYO v. PEOPLE OF THE PHIL.

  • G.R. Nos. 147387 & 152161 December 10, 2003 - RODOLFO C. FARIÑAS, ET AL. v. EXECUTIVE SECRETARY, COMELEC, ET AL.

  • G.R. Nos. 148575-76 & 152882-83 December 10, 2003 - ABDUSAKUR M. TAN, ET AL. v. COMELEC, ET AL.

  • G.R. Nos. 149164-73 December 10, 2003 - COMELEC v. DOLORES L. ESPAÑOL

  • G.R. Nos. 154442-47 December 10, 2003 - SALIPONGAN L. DAGLOC v. COMELEC, ET AL.

  • G.R. No. 154829 December 10, 2003 - ARSENIO A. LATASA v. COMELEC, ET AL.

  • G.R. No. 156228 December 10, 2003 - MA. TERESA VIDAL, ET AL. v. MA. TERESA O. ESCUETA

  • G.R. Nos. 159418-19 December 10, 2003 - NORMA DE JOYA v. JAIL WARDEN OF BATANGAS CITY, ET AL.

  • A.C. No. 5623 December 11, 2003 - LUTHGARDA F. FERNANDEZ v. FIDEL M. CABRERA II

  • A.C. No. 5834 December 11, 2003 - TERESITA D. SANTECO v. LUNA B. AVANCE

  • A.C. No. 5858 December 11, 2003 - ROGELIO R. SANTOS, SR. v. RODOLFO C. BELTRAN

  • A.C. No. 6052 December 11, 2003 - OLIVER OWEN L. GARCIA, ET AL. v. LEONARD DE VERA, ET AL.

  • G.R. No. 123924 December 11, 2003 - HEIRS OF MIGUEL FRANCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 137909 December 11, 2003 - FIDELA DEL CASTILLO Vda. DE MISTICA v. SPS. BERNARDINO and MARIA PAULINA GERONA-NAGUIAT

  • G.R. Nos. 137949-52 December 11, 2003 - PEOPLE OF THE PHIL. v. ESTEBAN DOMACYONG, ET AL.

  • G.R. Nos. 139474-75 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO PABILLARE, ET AL.

  • G.R. Nos. 140411-13 December 11, 2003 - PEOPLE OF THE PHIL. v. AVELINO LATAG

  • G.R. No. 141332 December 11, 2003 - LIGAYA S. NOVICIO v. ALMA AGGABAO

  • G.R. No. 142505 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO FELIPE, ET AL.

  • G.R. No. 143596 December 11, 2003 - TOMAS C. LEYNES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 144053 December 11, 2003 - PEOPLE OF THE PHIL. v. JOSEPH DIZON

  • G.R. No. 145417 December 11, 2003 - FLORENCIO M. DE LA CRUZ v. NLRC, ET AL.

  • G.R. Nos. 145523-24 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO RATA

  • G.R. Nos. 146107-09 December 11, 2003 - PEOPLE OF THE PHIL. v. ROLANDO ALMEIDA

  • G.R. No. 146173 December 11, 2003 - CECILIA YAMBAO v. MELCHORITA C. ZUÑIGA, ET AL.

  • G.R. No. 146188 December 11, 2003 - PEOPLE OF THE PHIL. v. DIONISIO ROTE

  • G.R. No. 147793 December 11, 2003 - BOAZ INTERNATIONAL TRADING CORP., ET AL. v. WOODWARD JAPAN, INC., ET AL.

  • G.R. No. 147950 December 11, 2003 - CALIFORNIA BUS LINES, INC. v. STATE INVESTMENT HOUSE, INC.

  • G.R. Nos. 148424-27 December 11, 2003 - PEOPLE OF THE PHIL. v. DANILO CARAANG

  • G.R. Nos. 148869-74 December 11, 2003 - PEOPLE OF THE PHIL. v. REMARIO PALMA

  • G.R. No. 149227 December 11, 2003 - LA SALETTE COLLEGE, ET AL. v. VICTOR C. PILOTIN

  • G.R. Nos. 152683-84 December 11, 2003 - PEOPLE OF THE PHIL. v. LEONARDO ILAO

  • G.R. No. 153859 December 11, 2003 - FILIPINAS SYSTEMS, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 154715 December 11, 2003 - NEW GOLDEN CITY BUILDERS & DEV’T. CORP, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 155018 December 11, 2003 - PHILADELPHIA AGAN v. HEIRS OF SPS. ANDRES and DIOSDADO NUEVA

  • G.R. No. 156819 December 11, 2003 - ALICIA E. GALA, ET AL. v. ELLICE AGRO-INDUSTRIAL CORP., ET AL.

  • G.R. No. 158371 December 11, 2003 - SONIA R. LORENZO v. COMELEC, ET AL.

  • A.M. No. RTJ-02-1726 December 12, 2003 - LUCAS M. MANAGUELOD v. FERNANDO M. PACLIBON

  • G.R. No. 139791 December 12, 2003 - MANILA BANKERS LIFE INSURANCE CORP. v. EDDY NG KOK WEI

  • A.M. No. 2003-7-SC December 15, 2003 - RE: NOEL V. LUNA

  • G.R. No. 149666 December 19, 2003 - SANGCAD S. BAO v. COMELEC, ET AL.

  • A.M. No. P-03-1760 December 30, 2003 - NOEL G. WABE v. LUISITA P. BIONSON

  • G.R. No. 135270 December 30, 2003 - RAMON ARCILLA, ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    A.M. No. P-03-1758   December 10, 2003 - JOSEFA C. CHUPUNGCO v. BENJAMIN L. CABUSAO

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. P-03-1758. December 10, 2003.]

    (Formerly A.M. No. OCA I.P.I. 03-1553-P)

    JOSEFA C. CHUPUNGCO, Complainant, v. BENJAMIN L. CABUSAO, JR., Deputy Sheriff III, Metropolitan Trial Court, Pasig City, Branch 68, Respondent.

    R E S O L U T I O N


    CALLEJO, SR., J.:


    Before the Court is the Affidavit-Complaint dated September 3, 2002 filed by Josefa C. Chupungco against respondent Benjamin L. Cabusao, Jr., Deputy Sheriff III of the Metropolitan Trial Court (MeTC) of Pasig City, Branch 68, for oppression and grave abuse of authority.chanrob1es virtua1 1aw 1ibrary

    The complainant, Chupungco, was one of the defendants in Civil Case No. 4199, an unlawful detainer case, entitled Spouses Francisco and Juanita Sotto v. Josefa Chupungco and Amariley Genova. She filed the present administrative complaint against the respondent relative to his allegedly malicious, oppressive and unlawful implementation of the writ of execution issued in the aforesaid case.

    It appears that on March 17, 1995, the MeTC promulgated its judgment in Civil Case No. 4199 in favor of the plaintiffs and against the complainant and her co-defendant ordering them to, inter alia, "vacate the subject parcel of land located at Tanangco St., Buting, Pasig, Metro Manila." 1 Upon motion of Spouses Sotto (the plaintiffs in Civil Case No. 4199), the MeTC issued a writ of execution on August 26, 1998, directing the respondent as the deputy sheriff to enforce the decision. On June 27, 2000, the respondent filed his return on the unsatisfactory service of the writ of execution.

    On November 7, 2000, the Spouses Sotto filed a motion for issuance of an alias writ of execution which the MeTC granted. In the meantime, the complainant’s motion for reconsideration having been denied, she filed with the Regional Trial Court (RTC) of Pasig City a petition for certiorari with an application for a temporary restraining order. The same was dismissed by the RTC, Branch 70, on June 25, 2002.

    When the complainant and her co-defendant failed to comply with the alias writ of execution, the MeTC on April 9, 2002 issued a writ ordering the demolition of the improvements they erected on the subject lot. The notice of demolition was served on the daughters of the complainant’s co-defendant, Genova, on July 11, 2002.

    On July 16, 2002, the respondent implemented the writ of demolition. The complainant was not then around, as she had to file a petition for certiorari with the Court of Appeals questioning the RTC decision dismissing her petition. The demolition was witnessed by the complainant’s neighbors, including Asuncion Camacan, who is the complainant’s sister, as well as Rossana Genova and Rowena Gallano.

    In her affidavit-complaint, the complainant alleged that the respondent, accompanied by thirteen (13) members of the demolition team, despite notice of her absence, "broke, destroyed and shattered in violent, harsh and inhuman manner" her "cherished sanctuarial home." 2 The respondent and his cohorts ransacked her house of its valuables amounting to P300,000 and took her P50,000 cash. She placed the value of her house at P900,000.

    The complainant further alleged that the respondent, together with the demolition team, hauled the complainant’s belongings and the materials of the house onto a truck. Some of these belongings were dumped on the nearby river while the materials of the demolished house were sold off to a buyer in Mandaluyong City.

    In support of her affidavit-complaint and its annexes, the complainant likewise submitted the affidavit of her sister Asuncion Camacan. Camacan stated that she witnessed the demolition of the complainant’s house and saw the respondent and his team haul the complainant’s personal belongings on a truck.

    For his part, the respondent categorically denied the charges against him. He averred that the complainant had also filed a motion to cite him for indirect contempt before the RTC of Pasig City, Branch 70, in connection with the same incident. The same was denied for lack of merit.

    Upon the recommendation of Deputy Court Administrator Christopher O. Lock, the Court, in the Resolution of July 9, 2003, referred the administrative complaint to Executive Judge Jose R. Hernandez, RTC, Pasig City, for investigation, report and recommendation.

    In compliance therewith, Judge Hernandez conducted the investigation. In addition to the affidavit-complaint and its annexes, the complainant likewise submitted to the investigating judge the affidavits of Rossana Genova, Rowena Gallano and Ismael Mejia. The respondent, on the other hand, manifested his willingness to submit the case for resolution.chanrob1es virtua1 1aw 1ibrary

    In his Report dated October 17, 2003, the investigating judge found that there was no substantive evidence to support the complainant’s accusations of oppression and grave abuse of authority against the Respondent. In implementing the writ of execution, the respondent even sought the assistance of the police and barangay officials, including Rogelio Cruz, Executive Officer of the Barangay Security Force of Buting, Pasig City. The Spouses Sotto also hired a lipat-bahay crew to assist in the implementation of the writ of demolition. That there were no belongings of value in the complainant’s house, as claimed by the respondent, is supported by the certification issued by Cruz as well as the photographs of the complainant’s house and its interior immediately prior to and after the demolition. 3

    According to the investigating judge, the complainant failed to substantiate her claim that her house was worth P900,000 and that there were personal properties therein amounting to P300,000 as well as cash in the amount of P50,000. 4

    The investigating judge, however, noted that the respondent failed to give any explanation as to what happened to the belongings of the complainant and the materials of her house that the respondent and the demolition team hauled onto a "lipat-bahay" truck. According to the investigating judge, the respondent’s lack of vigilance over the complainant’s personal properties is inexcusable. The investigating judge thus recommended:chanrob1es virtual 1aw library

    Sheriff Cabusao should be strongly reprimanded for failing to observe vigilance over the materials of the house demolished pursuant to the writ of demolition issued by MeTC Branch 68 in Civil Case No. 4199. This should be without prejudice to whatever civil action Chupungco may institute to recover the materials of the demolished house or their actual value against the parties responsible for the appropriation.

    Be that as it may, the charges of oppression and grave abuse of authority against Sheriff Cabusao should be dismissed for lack of sufficient evidence. 5

    The Court agrees with the investigating judge that the respondent is administratively liable. Time and again, we have emphasized the heavy burden and responsibility which court personnel are saddled with in view of their exalted positions as keepers of public faith. They must be constantly reminded that any impression of impropriety, misdeed or negligence in the performance of official functions must be avoided. 6

    Specifically, sheriffs and deputy sheriffs, being ranking officers of the court and agents of the law, must discharge their duties with great care and diligence. In serving and implementing court writs, as well as processes and orders of the court, they cannot afford to err without affecting adversely the proper dispensation of justice. 7 Sheriffs play an important role in the administration of justice and as agents of the law, high standards are expected of them. 8

    Good faith on the part of the respondent sheriff, or lack of it, in proceeding to properly execute his mandate would be of no moment, for he is chargeable with the knowledge that being an officer of the court tasked therefor, it behooves him to make due compliance. He is expected to live up to the exacting standards of his office and his conduct must at all times be characterized by rectitude and forthrightness, and so above suspicion and mistrust as well. 9

    We do not agree, however, that the respondent should be merely reprimanded for his actuations. By his lack of vigilance over the personal properties belonging to the complainant which were placed in his (the respondent’s) custody upon the implementation of the writ of demolition, the respondent failed to live up to the exacting standards required of an officer of the Court.chanrobles.com.ph : red

    For his failure to exercise reasonable diligence in the performance of his duties as an officer of the court, 10 respondent Benjamin L. Cabusao, Jr., Deputy Sheriff III of the Metropolitan Trial Court (MeTC) of Pasig City, Branch 68, is hereby FINED an amount of P5,000. He is STERNLY WARNED that any repetition of the same act in the future will be dealt with more severely. Let a copy of this decision be entered in the respondent’s personal record.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

    Puno, Quisumbing, Austria-Martinez and Tinga, JJ., concur.

    Endnotes:



    1. Rollo, p. 19.

    2. Id. at 9.

    3. Report, p. 4.

    4. Ibid.

    5. Id. at 4–5.

    6. Loyao, Jr. v. Armecin, 337 SCRA 47 (2000).

    7. Magat v. Pimentel, Jr., 346 SCRA 153 (2000).

    8. Llamado v. Ravelo, 280 SCRA 597 (1997).

    9. Villaluz Vda. de Enriquez v. Bautista, 331 SCRA 521 (2000).

    10. Bilag-Rivera v. Flora, 245 SCRA 603 (1995).

    A.M. No. P-03-1758   December 10, 2003 - JOSEFA C. CHUPUNGCO v. BENJAMIN L. CABUSAO


    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