Philippine Supreme Court Resolutions > Year 2008 > October 2008 Resolutions > [A.M. OCA IPI No. 01-1168-P : October 15, 2008] DANILO O. EMBALSADO V. VICENTE M. BARRERA, SHERIFF, REGIONAL TRIAL COURT (RTC), BRANCH 7, BAYUGAN, AGUSAN DEL SUR :

Quoted hereunder, for your information, is a resolution of this Court dated 15 October 2008:

A.M. OCA IPI No. 01-1168-P - (Danilo O. Embalsado v. Vicente M. Barrera, Sheriff, Regional Trial Court (RTC), Branch 7, Bayugan, Agusan del Sur)


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

This refers to the Court's Resolution dated June 25, 2008 referring to this Office the Letter dated February 1, 2008 of Judge Hector B. Salise, RTC, Branch 7, Bayugan, Agusan del Sur, for evaluation, report and recommendation within thirty (30) days from notice.

This administrative matter stemmed from the affidavit-complaint dated March 24, 2001: of Danilo O. Embalsado charging Sheriff Vicente M. Barrera, RTC: Branch 7, Bayugan, Agusan del Sur, with Grave Abuse of Authority relative to Civil Case No. 567 entitled "Jorge Rafallo and Jenny Rafallo v. Danilo O. Embalsado and Noriti Embalsado," for Redemption of Mortgage, Recovery of Possession with Preliminary Injunction and Damages. Complainant alleged that he is the defendant in the aforesaid civil case filed before the RTC, Branch 7, Bayugan, Agusan del Sur, presided over by then Judge Zenaida P. Placer. In said ease, the trial court on September 22, 2000 issued the following order:

The proceedings today appertain to the Motion of Plaintiffs to require the Defendants to deposit the proceeds of the harvest of the land in litis with the (c)ourt.

It has been verified that Defendants are starting to harvest the palay on the controverted area despite Plaintiffs having deposited in (c)ourt the amount of P8,000,00 representing the redemption price of said property.

To light the candle of justice until after the issue of ownership shall have been resolved on the sub]eel properly and in order to protect the rights of whoever is adjudged the lawful owner, the (c)ourt orders that, henceforth, all harvested palay shall be deposited in (c)ourt,

The (c)ourt sheriff is directed to implement this Order

SO ORDERED.

On September  23, 2000, complainant received the order  which respondent implemented on the same day.

Complainant said that he was surprised that on March 8, 2001, respondent sheriff, together with two (2) CAFGU's and four (4) policemen of Philippine National Police (PNP), Bayugan came to him and with undue influence, threats and intimidation served upon him exactly the same order dated September 22, 2000. They forced the complainant to sign copy of the order against his will and held the palay harvested in the land.adjacent to the disputed area. Complainant explained to the respondent that the harvested palay was not included in the order, but the latter ignored him and refused to listen, In a threatening voice, respondent told the complainant that he was just following the order of the court. Complainant alleged that the respondent was siding too much with the plaintiffs in the case.

In his comment by way of 3^[rd] Indorsement dated July 3, 2001, respondent denied the complainant's accusations. Respondent narrated that the disputed land was originally owned by Carlito and Carmen Veraque, In the Affidavit of Waiver of Rights and Interests Over a Parcel of Land dated July 5, 1999, the Veraques transferred the ownership of the land in question to spouses Jorge and Jenny Rafallo, plaintiffs in Civil Case No. 567.

Respondent argued that the claim of complainant Embalsado and his wife that they are tenants of the Veraque family and as such are protected by the Agrarian Reform Law has no basis. Respondent pointed out that in a certification dated September 24, 1999, Carlito Veraque, together with BARC Chairman Alipia C. Cagampang, Barangay Captain Florencio G. Palaca, Purok President Guillermo L. Calida; and Barangay Secretary Leoncia C. Quintalla, denied complainant's tenancy claim. Likewise, the protest of the complainant in Homestead Application No. 15-5184 of Jorge Rafallo over the subject property (Lot No. 1163, Pls. 443, Marcelina, Bayugan, Agusan del Sur) was dismissed by Regional Executive Director of the DENR m a resolution dated March 8, 2001. Similarly, the Motion to Dismiss filed by the complainant in the instant civil case was denied by the trial court in the order dated March 20, 2001.

In the Memorandum Report: dated September 12, 2002, this Office through then Court Administrator Presbitero J. Velasco, Jr., now Associate Justice of this Honorable Court, recommended that the administrative complaint against the respondent be dismissed.

In the resolution dated November 27, 2002, the Court resolved to:

(a) NOTE the administrative complaint for Grave Abuse of Authority dated 14 March 2001 filed by Danilo O. Embalsado against Vicente M. Barrera, Sheriff, RTC, Branch 7, Bayugan, Agusan del Sur, and respondent's comment thereon, and (b) REFER the instant administrative matter to the Presiding Judge of the Regional Trial Court. Branch 7, Bayugan, Agusan del Sur, for clarification of his order dated 22 September 2002 and the appropriate action taken thereon; and for submission of a report thereon within thirty (30) days from receipt of the record. 

Thereafter, the Court's resolution of November 27, 2002 and the record of this administrative complaint was forwarded to Judge Placer, Regional Trial Court, Branch 1, Bayugan, Agusan del Sur. The trial court received the same on January 31, 2003 as indicated in the Registry Return Receipt No. 1567.

In the Resolution dated November 26, 2007, the Court directed the Presiding Judge of the Regional Trial Court, Branch 7, Bayugan, Agusan del Sur, to submit a status report on the matter considering that the same has long been referred IN the Resolution dated November 27, 2002.

In compliance with the directive of the Court, Judge Hector B. Salise in the letter dated February 1, 2008 stated that it was only on April 2, 2007 that he assumed office as Presiding Judge of the RTC, Branch 7, Bayugan, Agusan del Sur. Judge Salise reported that no action was taken on the administrative matter by then Presiding Judge Zenaida P. Placer because the latter was ill at that time. On May 17, 2007, Judge Placer died.

Judge Salise claimed that respondent sheriff merely implemented the order of the court dated September 22, 2000 issued by Judge Placer. He added that on August 10, 2007, the complainant was cited in direct contempt of court for arrogance and disrespect to the court's lawful order and the latter was fined m the amount of P1,000.00. Judge Salise recommended for the dismissal of the instant administrative case against Sheriff Barrera for lack of merit.

The November 27, 2002 resolution of the Court referred to the presiding judge of theRTC, Branch 7, Bayugan, Agusan del Sur the September 22, 2002 order for clarification.  It appears, however, that the true date of the trial court's order is September 22, 2000 and not September 22, 2002 as mentioned in the Court's resolution.

Unfortunately,  Judge Placer was not able to  clarify said  order of September 22, 2000 prior to her death on May 17, 2007. Be that as it may, we would like to reiterate our Memorandum of September 12, 2002 that in said order, respondent was directed by the trial court to take the palay that would be harvested from the land under litigation to he deposited to the court. The order does not refer to the existing crop as of the date it was issued but by its language includes all produce that may be harvested in the future. It is for this reason that respondent returned to the disputed land on March 8, 2001 to claim the harvest thereon.

While complainant alleged that respondent likewise confiscated palay harvested from the area adjacent to the disputed land, we find said allegation self-serving. Other than his bare allegation, complainant was not able to adduce proof in support thereof. Complainant should have asked the trial court for the release of the said confiscated palay and proved therein that the same came from the area which is not under litigation. Such issue pertains to a judicial  adjudication which cannot be settled in this administrative matter. Besides, mere accusations will not override the presumption of regularity and legality of the official acts of the respondent sheriff.

It bears emphasis that respondent merely performed ministerial, not discretionary, functions in the performance of his duties. He is supposed to execute the September 22, 2000 order strictly to the letter thereof and the governing law. He is not supposed to decide and interpret for himself the unclear wording of the order. (Young v. Momblan, AM. No. P-89-367, January 9, 1992, 205 SCRA 23. See also Del Rosario, et al v. Bascar, Jr., etc., A.M. No. P-88- 255, March 3, 1992, SCRA 678)

Parenthetically, it appeals that the original records of this administrative case forwarded to then Judge Placer cannot be located. On August 11, 2008, Sheriff Barredo sent to this Office one set of the photocopy of the records which, according to, Sheriff Barredo, were forwarded to him by Judge Placer.

IN VIEW OF THE FOREGOING, it is respectfully submitted for the consideration of the Honorable Court the recommendations that:

1. the letter dated February 1, 2008 of Judge Hector B. Salise, Presiding Judge, Regional Trial Court, Branch 7, Bayugan, Agusan del Sur, be NOTED, and the same be CONSIDERED as FULL COMPLIANCE with the Court's resolutions of November 27, 2002 and November 26, 2007; and
   
   
2. the instant administrative complaint against Vicente M. Barrera, Sheriff, Regional Trial Court, Branch 7, Bayugan, Agusan del Sur, "be DISMISSED for lack of merit"
   

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

ACCORDINGLY, the Court resolves to:

1) NOTE the letter dated February 1, 2008 of Judge Hector B. Salise, Presiding Judge, Regional Trial Court, Branch 7, Bayugan, Agusan del Sur and CONSIDER the same as FULL COMPLIANCE with the Court's Resolutions of November 27, 2002 and November 26, 2007;

and

2) DISMISS for lack of merit the instant administrative complaint against Vicente M. Barrera, Sheriff, Regional Trial Court, Branch 7, Bayugan, Agusan del Sur.

SO ORDERED.