June 2010 - Philippine Supreme Court Resolutions
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[A.M. No. P-09-2715 : June 28, 2010] OFFICE OF THE COURT ADMINISTRATOR -VERSUS- EFREN E. TOLOSA, SHERIFF IV, REGIONAL TRIAL COURT - OFFICE OF THE CLERK OF COURT, SORSOGON CITY :
[A.M. No. P-09-2715 : June 28, 2010]
OFFICE OF THE COURT ADMINISTRATOR -VERSUS- EFREN E. TOLOSA, SHERIFF IV, REGIONAL TRIAL COURT - OFFICE OF THE CLERK OF COURT, SORSOGON CITY
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 28 June 2010, which reads as follows:
A.M. No. P-09-2715 - Office of the Court Administrator -versus- Efren E. Tolosa, Sheriff IV, Regional Trial Court - Office of the Clerk of Court, Sorsogon City
R E S O L U T I O N
Acting on the report of the Office of the Ctpurt Administrator (OCA) in A.M. OCA I.P.I. No. 02-1383-RTJ (Gerardo D. Espiritu v. Judge Jose L. Madrid and Sheriff Ariosto Letada, Regional Trial Court, Sorsogon City, Branch 51) that Sheriff Efren E. Tolosa (Sheriff Tolosa), Sheriff IV, Regional Trial Court - Office of the Clerk of Court (RTC-OCC), Sorsogon City, violated Section 9, par. 2, Rule 39 of the 1997 Rules of Civil Procedure when he failed to turn-over to the Clerk of Court the checks he received in the implementation of a writ of execution on the same day that he received them, the Court directed the OCA to docket separately the complaint against Sheriff Tolosa and for the latter to manifest whether he was willing to submit the matter based on the records/pleadings filed.
The administrative case against Sheriff Tolosa is now docketed as A.M. No. P-09-2715. However, Sheriff Tolosa, in his manifestation dated January 18, 2010, misinterpreted the directive of the Court and manifested that he was willing to submit for decision A.M. OCA I.P.I. No. 02-1383-RTJ, which is now closed and terminated, based on the records/pleadings filed.
In view thereof, the Court resolves to REQUIRE Sheriff Efren E. Tolosa to manifest whether he is submitting the case now filed against him, (A.M. No. P-09-2715) based on the records/pleadings filed, within a NON-EXTENDIBLE period often (10) days from notice hereof.
SO ORDERED.
A.M. No. P-09-2715 - Office of the Court Administrator -versus- Efren E. Tolosa, Sheriff IV, Regional Trial Court - Office of the Clerk of Court, Sorsogon City
Acting on the report of the Office of the Ctpurt Administrator (OCA) in A.M. OCA I.P.I. No. 02-1383-RTJ (Gerardo D. Espiritu v. Judge Jose L. Madrid and Sheriff Ariosto Letada, Regional Trial Court, Sorsogon City, Branch 51) that Sheriff Efren E. Tolosa (Sheriff Tolosa), Sheriff IV, Regional Trial Court - Office of the Clerk of Court (RTC-OCC), Sorsogon City, violated Section 9, par. 2, Rule 39 of the 1997 Rules of Civil Procedure when he failed to turn-over to the Clerk of Court the checks he received in the implementation of a writ of execution on the same day that he received them, the Court directed the OCA to docket separately the complaint against Sheriff Tolosa and for the latter to manifest whether he was willing to submit the matter based on the records/pleadings filed.
The administrative case against Sheriff Tolosa is now docketed as A.M. No. P-09-2715. However, Sheriff Tolosa, in his manifestation dated January 18, 2010, misinterpreted the directive of the Court and manifested that he was willing to submit for decision A.M. OCA I.P.I. No. 02-1383-RTJ, which is now closed and terminated, based on the records/pleadings filed.
In view thereof, the Court resolves to REQUIRE Sheriff Efren E. Tolosa to manifest whether he is submitting the case now filed against him, (A.M. No. P-09-2715) based on the records/pleadings filed, within a NON-EXTENDIBLE period often (10) days from notice hereof.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Clerk of Court