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[A.M. No. OCA-IPI-96-107-P.December 6, 2000]

JOSELITO & LETICIA MAGNO vs. NELSON DE LEON, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 6 2000.

A.M. No. OCA-IPI-96-107-P(Joselito and Leticia Magno vs. Nelson de Leon, Deputy Sheriff, MeTC, Branch 8, Manila, and Jose Areola, Deputy Sheriff, MeTC, Branch 10, Manila.)

����������� Complainants Joselito and Leticia Magno filed a complaint charging Deputy Sheriffs Nelson de Leon and Jose Areola of Branches 8 and 10, respectively of the Metropolitan Trial Court (MeTC) of Manila, with grave misconduct, oppression, and extortion. Complainants alleged that respondent sheriffs demanded P5,000.00 from them in consideration of respondents' not enforcing the writ of execution in Civil Case No. 139909-CV, "Manotok Services, Inc. v. Anita Ramos," and that because they failed to produce the amount, respondent sheriffs proceeded to demolish their house despite their knowledge that complainants were not parties to Civil Case No. 139909-CV and had in fact filed a third-party claim.

The complaint was referred to the Executive Judge of the Regional Trial Court (RTC) of Manila for investigation, report, and recommendation. In an indorsement, dated October 31, 2000, Executive Judge Mario Guari�a III informed the Court that his predecessor, Executive Judge Maximo Savellano, Jr., in an order, dated November 26, 1998, dismissed the case with prejudice for the reason that the parties "have finally settled the case."

Considering this information, the Court RESOLVED (1) to NOTE the aforesaid manifestation of Executive judge Mario Guarifla III; (2) to AFFIRM the order, dated November 26, 1998, of Executive Judge Maximo Savellano, Jr. dismissing this case; and (3) to CONSIDER this matter CLOSED and TERMINATED.

Very truly yours

(Sgd.) TOMASITA MAGAY-DRIS

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