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[A.M. No. OCA IPI 02-1367-P.
ESTACIO vs. SAMONTE
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
A.M. No. OCA IPI 02-1367-P (Virginia R. Estacio vs. Atty. Concepcion N. Samonte, Clerk of Court VI, RTC, OCC, Sta. Cruz, Laguna.)
Considering the Report dated
This is a complaint for grave abuse of authority and grave
misconduct filed by Virginia R. Estacio against Atty. Concepcion N. Samonte,
Clerk of Court, RTC, OCC, Sta. Cruz, Laguna, relative to the alleged
extra-judicial foreclosure sale conducted on
.
On
On
Meanwhile, on
Complainant Estacio filed motions to dismiss and to lift the writ of replevin. Unfortunately, both motions were denied by the said court. A certiorari was thereafter filed with the RTC, Branch 27, Sta. Cruz, Laguna, questioning the denial of her motions.
On
WHEREFORE, premises considered, the writ of replevin issued by the
court a quo on
The provincial Sheriff of Laguna is ordered to return the subject Kia van bearing license plate number UGH 901 to the possession of defendant Virginia Estacio.
SO ORDERED.
The firm's motion for reconsideration was also denied on
A Motion to Hold in Abeyance the Release of the Subject Vehicle was
filed by the firm on
On the other hand, complainant Estacio inquired from the
respondent, thru a letter dated
However, on the same date, the respondent issued another Notice of
Sale scheduling anew a public auction of the subject vehicle on
Complainant Estacio claims that the public auction proceeded as scheduled without prior notice and notwithstanding the pendency of Civil Case No. SC-4108 in the RTC, Branch 27, Sta. Cruz, Laguna. This actuation of the respondent allegedly constitutes grave abuse of authority and grave misconduct warranting administrative sanction from this Court.
...
In her comment, respondent averred that the instant complaint is
totally frivolous, unfounded and devoid of any legal and factual basis since
the scheduled public auction on
Considering that there is no foreclosure sale effected last March 20, 2002, there is no basis for the application for the Temporary Restraining Order or Writ of Preliminary Injunction. Hence, the application is DENIED for lack of proper basis. As regards the main issue, the counsel for the defendants, Atty. Cayetano T. Santos, is directed to file his answer.
SO ORDERED.
Further, respondent explained that she has not defied the court's
order issued on
Obviously, respondent claimed that she has never committed any grave abuse of authority resulting to serious and irreparable damage to the complainant.
On
This is to inform you that Auction Sale did materialize as schedule
on
This Office has obligation to issue Certificate of Sale to the buyer which CERTIFICATE OF SALE is pending signature of the Executive Judge.
This Office has no obligation to issue Certificate of Sale to the Debtor/mortgagor.
...
This administrative matter is apparently a product of over reaction on the part of complainant Estacio due to her disgust to untangle her uncanny situation. She could not probably conceive that a mere failure to faithfully comply her obligation with the firm would result to multiple suits. The situations would not have gone astray if only the complainant and the firm have complied with their obligations. The parties initiated suits against each, perhaps to snatch a better advantage and position in the pursuit of their cause, thus, abusing the legal remedy allowed by law.
Be that as it may, the issue here is not novel. Complainant Estacio
is protesting the precipitate action of respondent in proceeding with the
scheduled public auction on
In order to ascertain any administrative culpability on the part of the respondent, the scheduled public auction should have taken place. Otherwise, no real issue could be discussed hereon.
Is the public auction on
In view of the foregoing, complainant Estacio's allegations of grave abuse of authority and grave misconduct have no leg to stand. Hence, the instant complaint should be outrightly dismissed.
.
Before putting an end to this report, it is perhaps worthy to
tackle, in passing, the legal consequences of the attachments of complainant
Estacio in her letter dated
It is to be noted that the cause of action of complainant Estacio
is anchored mainly on the alleged public auction on
Among the requisites before complaints against judicial officers and employees can be acted upon by this Court are: 1) The complaint must be written in a clear, simple and concise language and in a systematic manner as to apprise the respondent of the nature of the charge against him and to enable him to prepare his defense; and 2) The complaint must be accompanied by certified true copies of the documentary evidence.
In administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations in his complaint. In the absence of contrary evidence, what will prevail is the presumption that the respondents have regularly performed their official duties.
We must emphasize that a mere charge or allegation of wrongdoing does not suffice. Accusation is not synonymous with guilt. There must always be sufficient evidence to support the charge. This brings to the fore the application of the age-old but familiar rule that he who alleges must prove his allegations. In the case under consideration, complainant Estacio must show in an epigrammatic and lucid manner the improprieties committed by the respondent and not merely attach xerox copies of documents and put the burden on this Court in forecasting the charges, the facts and the invocation of the complainant. This, we cannot tolerate.
Nonetheless, complainant Estacio can still pursue her case against
the respondent in view of the information, assuming to be true, in her letter
dated
...
WHEREFORE, the administrative complaint against Atty. Concepcion N. Samonte, Clerk of Court VI, RTC, OCC, Sta. Cruz, Laguna, is hereby DISMISSED for utter lack of basis. However, she must be advised to be more careful in the exercise of her duties and responsibilities.
and finding the evaluation to be in accord with law and( the facts of the case, the Court hereby approves and adopts the same.
However, the recommendation of Court Administrator Velasco that
respondent be advised to be more careful in the exercise of her duties and
responsibilities has already been rendered moot by the retirement of respondent
on
ACCORDINGLY, the administrative complaint against Clerk of Court Concepcion N. Samonte is DISMISSED for lack of merit.
SO ORDERED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
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