PHILIPPINE SUPREME COURT JURISPRUDENCE

|

Search for www.chanrobles.com

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

ROMULO S. J. TOLENTINO, Petitioner, vs. SHERIFF ROLANDO A. BORJA, Respondent.

R E S O L U T I O N

Administrative Matter No. R-146-P (Romulo S.J. Tolentino vs. Sheriff Rolando A. Borja). Complainant, Atty. Romulo Tolentino, charges respondent Deputy Sheriff Rolando Borja of Naga City with conduct unbecoming a public officer, malfeasance, gross misconduct, and dereliction of duty for having failed to implement the Writs of Execution issued in Civil Case No. P-703 and Civil Case No. S-329 of the Regional Trial Court of Naga City, respectively.chanrobles virtual law library

Executive Judge Juan Llaguno to whom the case was referred for investigation has recommended the dismissal of the complaint after finding respondent's comment satisfactory.chanrobles virtual law library

The records reveal, however, that respondent failed to make a return of the writs within the period provided by law. The Sheriff's Return in Civil Case No. P-703 shows that it was stamped "Received" on October 18, 1983. But since the writ was issued on July 11, 1983, respondent should have made the return a month earlier.chanrobles virtual law library

Similarly, in Civil Case No. S-329, the Sheriff's Return shows that it was stamped "Received" on October 19, 1983. Having been issued, however, on July 30, 1983, the return should have been filed on September 1, 1983.chanrobles virtual law library

In both instances, therefore, respondent filed his returns beyond the 60-day life-span of the writs of execution prescribed by Section 11, Rule 39 of the Rules of Court. Respondent was thus remiss in the performance of his duties.chanrobles virtual law library

ACCORDINGLY, respondent Deputy Sheriff Rolando Borja of Naga City is hereby found guilty of dereliction of duty and is suspended from office for a period of one (1) month, without pay, effective from the date this resolution becomes final. Respondent suspended from office for a period of one (1) month without pay, effective from the date this resolution becomes final.

---------