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[A.M. OCA IPI No. 03-1759-P. January 19, 2005]

JUPIO vs. VILLANUEVA

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 19 2005 .

Adm. Matter OCA IPI No. 03-1 759-P (Spouses Jose and Amparo Jupio vs. Demetrio T. Villanueua, Sheriff IV, RTC, Br. 19, Bacoor, em>Cavite .)

For consideration is the Motion for Extension of Time to Submit Report and Recommendation, dated 17 September 2004, for thirty (30) days from date, and the aforesaid Report and Recommendation dated 15 October 2004, on the investigation of the instant administrative matter, pursuant to the resolution dated 21 June 2004.

In a sworn statement dated 1 September 2003, Spouses Jose and Amparo Jupio charged respondent Demetrio T. Villanueva, Sheriff IV of the Regional Trial Court (RTC), Bacoor, Cavite, with Neglect of Duty relative to Civil Case No. GMA-01-01 entitled "Sps. Amparo Jupio and Jose Jupio v. Sps. Eduardo Villadolid and Milagros Villadolid," for Unlawful Detainer. It was alleged that respondent Sheriff was remiss in the performance of his duties, with particular reference to the implementation of the Writ of Execution in said civil case which was decided in favor of complainants. Respondent Sheriff was required to file his Comment on the complaint. In his undated Comment, respondent Sheriff denied the charges. On 21 June 2004, the Court referred the matter to the Executive Judge of RTC, Bacoor, Cavite, for investigation, report and recommendation.

The Investigating Judge, after due investigation, found that respondent Sheriff's failure, to immediately implement the Writ of Execution was due to the fact that respondent was the only Sheriff assigned to serve two branches of the RTC in Bacoor, Cavite, the Municipal Trial Court of Carmona and General Mariano Alvarez, as well as the Office of the Clerk of Court of the RTC in Bacoor. Apparently, complainants' counsel had failed to coordinate with respondent as to the implementation of the Writ. Moreover, implementation had been enjoined by Judge Novato Cajigal in Civil Case No. BCV-2003-79 (Sps . Eduardo Villadolid and Milagros Villadolid v. Hon. Perla V. Cabrera-Faller, et al ).In view of the findings, the Investigating Judge recommended that this case be dismissed.

The Motion for Extension of Time to Submit Report and Recommendation, dated 17 September 2004, of the Investigating Judge, Executive Judge Eduardo Israel Tanguanco, RTC, Bacoor, Cavite, is GRANTED. Finding the recommendation in the Report and Recommendation dated 15 October 2004 of the Investigating Judge to be in accord with the law and facts of the case on record, the same is APPROVED. The administrative complaint against Demetrio T. Villanueva, Sheriff IV, RTC, Br. 19, Bacoor, Cavite, is hereby DISMISSED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

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