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A.M. OCA IPI No. 00-791-P. August 23, 2006]

JUDGE FLORENTINO A. TUASON, JR. v. MARIANO SANTIAGO, JR., DEPUTY SHERIFF, REGIONAL TRIAL COURT, BRANCH 139, MAKATI CITY AND JOSE ROMANO CASTILLO, EMPLOYEE OF THE CITY GOVERNMENT DETAILED AT THE REGIONAL TRIAL COURT, BRANCH 139, MAKATI CITY

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated AUG. 23, 2006

A.M. OCA IPI No. 00-791-P (Judge Florentino A. Tuason, Jr. v. Mariano Santiago, Jr., Deputy Sheriff, Regional Trial Court, Branch 139, Makati City and Jose Romano Castillo, Employee of the City Government Detailed at the Regional Trial Court, Branch 139, Makati City.)

Considering the Report of the Office of the Court Administrator, to wit:

This refers to the resolution of the First Division of this Court referring this instant administrative case to this Office for evaluation, report and recommendation.

In a letter-complaint dated 03 January 2000 which was indorsed to the Office of the Court Administrator by then Executive Judge Josefina Guevarra-Salonga, Judge Florentino Tuason Jr. charges Mariano Santiago, Jr., Deputy Sheriff, Regional Trial Court, Branch 139, Makati City and Jose Romano Castillo, employee of the City Government detailed at the Regional Trial Court, Branch 139, Makati City, with grave misconduct and grave abuse of authority relative to Civil Case No. 99-2005, entitled "International Trade, Inc., represented by its President, Park-Yeon Keun (Young Kenny Park) v. Vive Eagle Land, Inc. and Virgilio Cervantes".

Said charges were based on the following grounds: (a) Unauthorized entry in the double locked ante-room of the court; (b) Unauthorized withdrawal of court records; (c) Removal of a writ of attachment from the record in Civil Case No. 99-2005, entitled "International Trade, Inc., represented by its President, Park-Yeon Keun (Young Kenny Park) v. Vive Eagle Land, Inc. and Virgilio Cervantes"; and (d) Insubordination.

The administrative complaint arose when Sheriff Santiago, with the help of his co-defendant Jose Romano Castillo, having the custody of the keys, allegedly caused the opening of the double locked ante-room of RTC, Branch 139, Makati City, on 23 December 1999 after office hours and removed the writ of execution in the above-entitled case without the same having been released by the clerk-in-charge and implemented the same despite not having been released officially and without service of summons to the defendant. The writ was also allegedly served/enforced in violation of Judge Tuason's specific orders to cause implementation of the same after the holiday season.

Complainant's evidence consists of the joint affidavit executed by Liza M. Labrador and Joy Jovy A. Palpallatoc, personnel-in-charge of the records of civil and criminal cases, respectively. Affiants claimed that they locked the court's ante-room before they left the office on 23 December 1999, the date of the alleged unlawful entry therein.

In his COMMENT dated 01 March 2000, respondent sheriff averred not having unlawfully entered the court's double locked ante-room. He further denied removal of the writ of attachment from the record in Civil Case No. 99-2005. Likewise, respondent Jose Romano Castillo executed an affidavit dated 01 March 2000, supporting respondent sheriff's contention and corroborated by the affidavit of Danilo Dela Cruz Ronquillo, representative of the plaintiff's counsel.

Considering that the allegations and denials present factual issues, this Court, in its resolution dated 26 November 2001 resolved to refer this instant administrative complaint to the Executive Judge, Regional Trial Court, Makati City, for investigation, report and recommendation. However, in view of the voluntary inhibition of Executive Judge Morales, the case was referred to then Vice Executive Judge Sixto Marella, Jr. on 29 January 2003.

In his Report dated March 28, 2006, Executive Judge Sixto Marella, Jr. did not further dwell on the merits of the case. His findings states:

The Court takes judicial notice that respondent is the same person who was charged administratively in Administrative Matter No. P01-1449, entitled "CLEMENTINO IMPERIAL vs. MARIANO F. SANTIAGO, JR." decided by the Supreme Court on February 21, 2003 , the dispositive portion of which reads-

WHEREFORE, Mariano F. Santiago, Jr., Sheriff IV of the Regional Trial Court (Branch 139) is found GUILTY of GRAVE MISCONDUCT. He is DISMISSED from service with prejudice to re-employment in any government agency and government-owned or controlled corporation, and with forfeiture of all retirement benefits, except accrued leave credits.

Complainant informed the Court that for the foregoing reason, he is foregoing with the presentation of evidence.

The case is now moot and academic.

IN VIEW OF THE FOREGOING, it is respectfully recommended for the consideration of the Honorable Court that the instant administrative case against Mariano Santiago, Jr., former Sheriff IV, Regional Trial Court, Branch 139, Makati City and Jose Romano Castillo, employee of the City Government then detailed at the Regional Trial Court, Branch 139, Makati City, be DISMISSED for being moot and academic.

and finding the evaluation and recommendation therein to be in accord with law and the facts of the case, the Court approves and adopts the same.

ACCORDINGLY, the administrative complaint against Sheriff Mariano Santiago, Jr. and Jose Romano Castillo is DISMISSED.

SO ORDERED.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division

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