G.R. No. RTJ-99-1439. May 9, 2000
Virginia Villaluz Vda. De Enriquez, complainant, vs. Judge Jaime F. Bautista and Deputy Sheriff Jaime T. Montes, RTC, Br. 75, Valenzuela, Metro Manila, respondents.

FACTS

Complainant Virginia Villaluz Vda. De Enriquez filed an administrative complaint against Judge Jaime F. Bautista and Deputy Sheriff Jaime T. Montes for gross misconduct. She alleged that in an ejectment case where she was the prevailing party, Judge Bautista solicited gifts in exchange for favorable orders and improperly suspended a writ of demolition. She further accused Sheriff Montes of demanding and receiving P20,000.00 from her for demolition expenses without proper court approval or official receipt.
Judge Bautista vehemently denied the accusations. He explained that the suspension of the demolition was based on humanitarian considerations and due to intercessions from the barangay and other parties. He asserted he had no personal correspondence with the complainant and had ultimately ordered the full execution of the writ. Sheriff Montes, in his defense, admitted receiving P25,000.00 from the complainant but claimed it was used to cover legitimate demolition expenses, including payments to a demolition team and police support. He provided a breakdown of these expenses but admitted he did not seek prior court approval for the estimated costs nor did he promptly liquidate the amount received.

ISSUE

Whether respondents Judge Jaime F. Bautista and Deputy Sheriff Jaime T. Montes are administratively liable for gross misconduct.

RULING

The Supreme Court adopted the findings and recommendation of the investigating Court of Appeals Justice. Judge Jaime F. Bautista is EXONERATED. The Court found the charges against him unsubstantiated. The evidence, including personal letters presented by the complainant, was not convincingly linked to any corrupt solicitation related to his judicial functions. His orders to suspend the demolition were justified by humanitarian pleas and intercessions, and he ultimately enforced the writ. However, he was admonished to be more discreet in his personal conduct to avoid any appearance of impropriety.
Deputy Sheriff Jaime T. Montes is found GUILTY of gross misconduct and is SUSPENDED for three months without pay. The Court ruled that his act of directly demanding and receiving a substantial sum of money from a party-litigant without prior court approval and without issuing official receipts or rendering a timely liquidation constituted a clear violation of Section 9, Rule 141 of the Rules of Court. This procedure is mandatory to prevent impropriety and ensure transparency. By unilaterally determining and collecting expenses, he ignored the safeguards established by law. His conduct, regardless of alleged good faith in using the funds for the demolition, fell short of the required standards of public service and constituted dishonesty. The Court warned that a repetition of the offense would be dealt with more severely.