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A.M. No. P-94-1063.
BERNARDITA B. CHUA in behalf of ACCORD LOANS, INC., Petitioner, v. BENJAMIN A. GONZALES, Respondent.
D E C I S I O N
PER CURIAM:
On May 24, 1991, a writ of execution 1 was issued by the Municipal Trial Court of Angeles City, Branch III in Civil Case No. 90-166 entitled, "Accord Loans, Inc. v. Spouses Martin F. Nuez & Elizabeth M. Nuez, Godofredo Sanchez and Eduardo R. Tulfo," for collection of a sum of money, addressed to the City Sheriff of Olongapo City commanding the latter as follows:
"THEREFORE, you are commanded to seize the goods and chattels of the said spouses Martin F. Nuez and Elizabeth M. Nuez, except such are by law exempt, and make sale thereof according to the law in such cases made and provided to the amount of the said judgment, together with your fees for the execution, and pay the amount so collected by you thereon to the Accord Loans, Inc., the plaintiff in said action to accept the amount of your fees thereon.
In case sufficient personal property of the said spouses Martin F. Nuez & Elizabeth M. Nuez, cannot be found to satisfy the amount of such judgment, costs, interests and your fees thereon, you are ordered to levy upon the real estate of the said defendants and sell the same in the manner provided for by law, for the satisfaction of the balance of such judgment, costs, interests and your fees thereon; and the same returned to me within sixty (60) days upon receipt with your action.
WITNESS THE HON. PEDRO T. LAGMAN, Presiding Judge of this Court this 24th day of May 1991 at Angeles City.
s/ Marlon P. Roque
t/ MARLON P. ROQUE
Clerk of Court III" 2 cräläwvirtualibräry
Pursuant to the above writ, respondent Benjamin A. Gonzales, as
Deputy Sheriff of Olongapo City, on July 25, 1991 levied on one (1) unit 20"
colored television set worth P5,000.00 owned by the Spouses Martin F.
Nuez & Elizabeth M. Nuez, the defendants in said case. Complainant alleged that her company found
out about the execution of the writ only sometime in May 1994 through its
client Spouses Nuez. When asked about
the execution, Sheriff Gonzales failed to produce the television set or to give
the amount of P5,000.00 despite sufficient demands from him. Apparently, respondent Gonzales failed to
accomplish the sheriffs return of service and to submit the same before the
court issuing the writ.
On
In his defense, respondent, while admitting that he had taken
possession of the television set on
We find the defense of respondent Deputy Sheriff unworthy of credence.
It appears that this is the third administrative complaint filed against Deputy Sheriff Benjamin A. Gonzales. His personal record (201 file) shows that:
(1) By a resolution
dated
(2) In A.M. No. P-91-469 (Victorino Fajota vs. Benjamin Gonzales, Deputy Sheriff, RTC, Branch 75, Olongapo City), Executive Judge Alicia Santos in her report and recommendation dated April 22, 1993, found respondent remiss in his duty by not making the proper return of the writ and for exercising his discretion by not levying the real property of the losing defendant in the forcible entry case.
The Third Division of the Honorable Court in its Resolution,
dated
Coming to the merits of the complaint, it is significant to note
that Mt. Pinatubo
erupted on
"Return of writ of execution. The writ of execution may be made returnable, to the clerk or judge of the court issuing it, at any time not less than ten (10) nor more than sixty (60) days after its receipt by the officer who must set forth in writing on its back the whole of his proceedings by virtue thereof, and file it with the clerk or judge to be preserved with the other papers in the case. A certified copy of the record, in the execution book kept by the clerk, of an execution by virtue of which real property has been sold, or of the officers return thereon, shall be evidence of the contents of the originals whenever they, or any part thereof, have been lost or destroyed."
Respondent insists that he forgot all about the writ of execution
until he was served the administrative complaint. The circumstances of this case as well as the
irregular actuations of the respondent reveal that this is not a case of simple
forgetfulness. In the affidavit
5
of Mr. Edwin Carreon, Collection Assistant of Accord Loans, Inc., it was stated
that their company learned of the levy made by the respondent from the Spouses
Nuez sometime in May 1994, but Deputy Sheriff Gonzales failed to inform their
office regarding the matter and likewise "failed to produce the goods he seized
from Spouses Nuez and/or to give the value thereof." This administrative complaint was sworn to by
Mrs. Bernardita Chua on
WHEREFORE, considering that this is his third offense in the performance of his duties as a Deputy Sheriff, respondent Benjamin A. Gonzales is DISMISSED from the service, with forfeiture of all leave credits and retirement benefits. He is disqualified from reemployment in the national and local governments, as well as in any government instrumentality or agency, including government-owned or controlled corporations.
This decision is immediately executory and respondent Deputy Sheriff is further ordered to cease and desist from discharging the functions of his office upon receipt of this Decision. Let a copy of this decision be entered in the personal records of the Respondent.
SO ORDERED.
Narvasa, C.J., Padilla, Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Francisco, Hermosisima, Jr., Panganiban, and Torres, Jr., JJ., concur.
Endnotes:
1 Rollo, pp. 6-7.
2 Ibid.
3 Rollo, p. 12.
4 Rollo, pp. 18-19.
5 Rollo, p. 9.