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[A.M. OCA-IPI No. 04-2057-P. February 22, 2006 ]

EDWIN G. CANUBIDA v. GEORGE G. SANCHEZ, DEPUTY SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 29, BISLIG CITY, SURIGAO DEL SUR

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated FEB. 22, 2006

A.M. OCA-IPI No. 04-2057-P (Edwin G. Canubida v. George G. Sanchez, Deputy Sheriff IV, Regional Trial Court, Branch 29, Bislig City, Surigao del Sur )

This treats of the Complaint filed by Edwin Canubida charging George G. Sanchez, Deputy Sheriff IV, Regional Trial Court, Branch 29, Bislig City, Surigao del Sur, with Grave Abuse of Authority relative to Case No. RAB-XI-11-00811-96 entitled "Picop Employees Labor Union FFW, et al. v. PICOP Resources, Inc., et al."

It appears that PICOP was ordered by the National Labor Relations Commission (NLRC) to pay its dismissed employees their backwages and separation pay. The decision having become final and executory, a writ of execution was forthwith issued. Pursuant to the writ, respondent sheriff seized a dump truck with plate number WSB 914 which turned out to be owned by New Paper Industries Corporation (NewPIC), an entity different from PICOP. According to complainant, the driver of the dump truck presented to respondent sheriff the vehicle's Certificate of Registration (CR) showing that it was owned by NewPIC but the latter seized the vehicle anyway and brought it to the court's premises. When the dump truck was released the following day, it was discovered that the limestone loaded on the truck had been spread by the City Engineer's Office over the court grounds.

In his Comment, respondent sheriff explained that he was informed by one of the complainants in the labor case that the dump truck belonged to PICOP. When he seized the vehicle, the CR presented to him was in the name of NewPIC but the Original Receipt was under PICOP's name. He referred the matter to the Clerk of Court who advised him to temporarily hold the dump truck and instructed the driver to present documents to prove NewPIC's ownership thereof. The limestone was then unloaded to prevent the tires from losing air. The following day, respondent sheriff inspected the dump truck and limestone and found them intact. In the afternoon, however, he learned that the City Engineer's Office spread the limestone over the grounds.

The Office of the Court Administrator (OCA) recommends that the complaint be dismissed for lack of merit because respondent sheriff took the necessary precautions in protecting the levied vehicle and the limestone loaded therein. Though it was unfortunate that the City Engineer's Office mistook the limestone as belonging to the court and spread the same over the area, this circumstance is not attributable to respondent's fault or negligence. Further, the City Engineer's Office manifested willingness to pay for or replace the limestone.

We find the OCA's recommendation to be well-taken.

The records do not reveal anything irregular in the procedure followed by respondent sheriff in levying the vehicle. He consulted the Clerk of Court as to the proper action to take when he discovered that PICOP's ownership of the vehicle is not certain. Upon the Clerk of Court's advice, he temporarily levied the vehicle and issued a receipt evidencing his custody thereof. He then turned it over for safekeeping to the guard on duty. Considering that there was neither fault nor negligence on respondent sheriff's part, he should not be sanctioned or be made to account for the unfortunate incident of the limestone being spread over the court grounds.

WHEREFORE, the instant Complaint is hereby DISMISSED for lack of merit.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court

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