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OCA-IPI No. 05-2089-P.
THELMA V. MIRANDA v. DARIO LUCIANO A. FUENTES, DEPUTY SHERIFF, REGIONAL TRIAL COURT, BRANCH 26, ARGAO, CEBU
Third Division
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated APR. 24, 2006
OCA-IPI No. 05-2089-P (Thelma V. Miranda v. Dario Luciano A. Fuentes, Deputy Sheriff, Regional Trial Court, Branch 26, Argao, Cebu)
In an affidavit-complaint dated
Complainant alleges that she and her husband are the owners of several parcels of land situated in Sibonga, Cebu, which were the subject matter of Civil Case No. AV-929 wherein complainant and her mother are the plaintiffs before the Regional Trial Court (RTC) of Argao, Cebu.
In a Decision dated
Complainant claimed that Lot No. 3062-A-4-B, a property which she and her husband own and which is not subject or part of the said writ of execution, was included in the execution and subsequently delivered to Ingrid. Complainant asserts that respondent, as an officer of the court, should know that the writ of execution must be strictly implemented according to the dispositive portion of the decision, no more no less, since he has no authority to alter or modify the decision of the trial court. [1] cralaw
Complainant imputes grave abuse of authority on the part of respondent when the latter delivered the parcel of lands and made his own determination of the boundaries. Complainant reasons that mere constructive delivery is enough to implement the writ of execution when the subject matter is a parcel of land. [2] cralaw
In his counter-affidavit, respondent adopts his affidavit dated
Respondent avers that he did not abuse his authority in the implementation of the writ. In fact, he even advised complainant to file a third-party claim over the said property in order to protect her interest.
The Office of the Court Administrator (OCA) then recommended the dismissal of the complaint for being premature, to wit:
The merits of this administrative complaint need not be resolved at this stage and in this forum. Civil Case No. 526 pending in the Municipal Trial Court of Sibonga, Cebu is an action for damages filed by the herein complainant against the respondent arising from the latter's alleged irregular implementation of the writ of execution in Civil Case No. AV-929. Considering that the civil case and the administrative complaint involve the same parties and are based on the same cause of action, it is better that the civil action take precedence and let the parties substantiate their allegations by adducing evidence in a full blown trial. [3] cralaw
We agree with the recommendation of the OCA.
The issue in this complaint refers to the alleged grave misconduct and abuse of authority of respondent in allegedly irregularly implementing the writ of execution. This act of respondent is the very issue raised in the civil case brought before the MTC by the same complainant. It is worthy to note that the filing of the civil case preceded this instant complaint.
WHEREFORE, the complaint is DISMISSED for being premature.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] cralaw Rollo , p. 3.
[2] cralaw Id.
[3] cralaw Id. at 40.
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