[ A.M. No. OCA I.P.I. No. 98-397-P. March 1, 2000]

ATTY. ANGELITO V. MARANA vs. CECILIO U. PULAN

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 1 2000.

A.M. No. OCA I.P.I. No. 98-397-P (Atty. Angelito V. Marana vs. Cecilio U. Pulan, Sheriff IV, Regional Trial Court-Office of the Clerk of Court, Antipolo, Rizal.)

This is a complaint filed by Atty. Angelito V. Marana, president of ACD Lending Investor Corporation (ACD), against Cecilio U. Pulan, ex-officio sheriff of the Regional Trial Court, Binangonan, Rizal, accusing the latter of gross misconduct for having extra-judicially foreclosed the chattel mortgage on a jeepney in favor of Exagemm Lending Investor (Exagemm). The complaint alleges that respondent sheriff held the foreclosure proceedings despite knowledge of the defects in Exagemm's application for extra-judicial foreclosure, i.e., the nonregistration of Exagemm's mortgage because of the prior mortgage to ACD and the failure to attach certified xerox copies of the original certificate of registration and official receipt of the jeepney. It is further alleged that ACD had filed an action for annulment of said foreclosure, docketed as Civil Case No. 95-0019, in the RTC, Branch 69, Binangonan, Rizal. Complainant believes that the case remains unresolved because of "the adverse effects the decision would have on Mr. Cecilio Pulan."

After respondent had filed his comment, the Office of the Court Administrator issued a memorandum, dated February 1, 2000, recommending that the case be dismissed for prematurity.

The Court finds the recommendation well taken. Respondent sheriff's administrative liability, if any, would depend on whether Exagemm's application for extra-judicial foreclosure is indeed defective. The question, however, is still under litigation in Criminal Case No. 95-0019 in the regular courts. Until said question is finally resolved, action on the present complaint would be premature.

WHEREFORE, the complaint is DISMISSED for being prematurely filed.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court


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