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[OCA IPI No. 99-736-P. December 8, 2003]

LIMPIN vs. MANALO

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 8 2003 .

OCA IPI No. 99-736-P (Helen Reyes Limpin, petitioner, vs. Noel Manalo, respondent.)

In a complaint-affidavit, filed on October 4, 1999, complainant Helen Reyes Limpin charged respondent Sheriff Noel Manalo with Gross Misconduct (abuse of authority) relative to Civil Case No. 97-83462, entitled, "Severino Reyes et al. vs. Helen Reyes Limpin, et al." for Ejectment.

On the basis of the affidavit-complaint and comment filed by the respondent, the Office of the Court Administrator, in its Memorandum dated October 20, 2000, recommended the dismissal of the instant administrative complaint on the ground that respondent Sheriff merely implemented the writ of execution issued by his court, which is a duty ministerial on his part.

In a Resolution dated December 13, 2000, the Court required respondent to file his comment without however ordering the re-docketing of the IPI as regular administrative case. This Resolution was returned unserved with notation by the postmaster in the letter-envelope "RTS no longer connected". For failure of complainant to furnish the Court with respondent's new address as required in the Resolution dated November 26, 2001, the Office of the Court Administrator was required to determine and report to the Court the present whereabouts of the respondent. [1] cralaw In compliance, the OCA submitted the address of the respondent at 15-A Mabini St., Caloocan City as reflected in his 201 File with the information that respondent, per Resolution dated July 24, 2000 of the Second Division, was dropped from service in A.M. No. 00-6-116-MeTC (Re- Absence Without Official Leave [AWOL] of Mr. Noel Manalo, Deputy Sheriff, Metropolitan Trial Court, Branch 5, Manila)

In a Resolution dated July 30, 2003, the Court directed that the Resolution of December 13, 2000 be served to respondent at the address furnished by the OCA. Again, the same was returned to the Court with notation "Moved Out".

Meanwhile, respondent was dismissed from service in A.M. No. P-02-1541 per En Banc Resolution dated February 6, 2002, entitled, "Florentino Mercado, Jr. et al. vs. Noel Manalo, et al." (formerly OCA IPI No. 00-813-P) finding him guilty of gross misconduct and conduct prejudicial to the best interest of the public service.

Blatant is the indifference of respondent when he did not inform the Court of his present address despite knowledge of this pending administrative charge against him. But considering that respondent was already dropped from the service in A.M. No. 00-6-116-MeTC and dismissed from service in A.M. No. P-02-1541 and that the present administrative matter is merely an initial preliminary investigation, the present administrative matter has been rendered moot and academic.

WHEREFORE, the instant administrative complaint is DISMISSED for having become moot and academic.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA MAGAY-DRIS
Clerk of Court



Endnotes:

[1] cralaw Resolution dated March 12, 2003.


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