G.R. No.: A.M. No. P-10-2739 (August 24, 2011)
Case Parties/Title: Wilfried Erdenberger, Complainant, vs. John V. Aquino, Clerk of Court, Regional Trial Court, Office of the Clerk of Court, Olongapo City, Respondent.

FACTS

Complainant Wilfried Erdenberger, a German national, filed an administrative complaint against Atty. John V. Aquino, Clerk of Court VI and Ex-Officio Sheriff, for Violation of the Code of Conduct and Ethical Standards for Public Officials and Employees and Neglect of Duty. The complaint arose from Civil Case No. 102-0-2001, an extrajudicial foreclosure of a real estate mortgage. Complainant granted a loan to Priscilla C. Sahagun secured by a mortgage. Upon Sahagun’s default, complainant filed for extrajudicial foreclosure. The property was sold at public auction on February 15, 2001, with complainant as the highest bidder, and a certificate of sale was issued and registered. After the redemption period expired without redemption, complainant requested the Final Deed of Sale on June 28, 2002. Respondent refused to issue it, citing a pending annulment case (Civil Case No. 131-0-2002) filed by Sahagun on March 14, 2002. Complainant subsequently secured a court decision dated May 27, 2005, granting a petition for mandamus and ordering respondent to issue the Final Deed of Sale, which respondent issued on July 11, 2005. Complainant alleged that respondent’s refusal for over three years, despite no restraining order or injunction, constituted neglect of duty and deprived him of his property rights. Respondent, in his comment, denied any irregularity. The Office of the Court Administrator (OCA) found respondent guilty of simple neglect of duty and recommended a fine.

ISSUE

Whether respondent Atty. John V. Aquino is administratively liable for neglect of duty for his failure to issue the Final Deed of Sale in the extrajudicial foreclosure for over three years.

RULING

The Court found respondent GUILTY of SIMPLE NEGLECT OF DUTY. The Court agreed with the OCA’s findings and recommendation. It ruled that in extrajudicial foreclosure, the expiration of the redemption period makes the sale absolute, and the issuance of a final deed of sale and a writ of possession are ministerial functions. Respondent’s failure to issue the deed for more than three years, despite the absence of any court order enjoining its issuance, demonstrated remissness in his duties. The Court emphasized that a sheriff’s functions are purely ministerial; he has no discretion to decide on the propriety of issuing the deed. Under the Revised Uniform Rules on Administrative Case in the Civil Service, simple neglect of duty is a less grave offense. Considering it was respondent’s first offense and his years of service, the Court imposed a fine of Five Thousand Pesos (₱5,000.00) instead of suspension and warned that a repetition would be dealt with more severely.