G.R. No. A.M. No. P-98-1260 (A.M. No. OCA IPI 96-206-P) January 14, 1998
Case Parties:

PHILIPPINE BANK OF COMMUNICATIONS, complainant, vs. CESAR TORIO, EFREN GUMBOC, NILO CABANG and JUANITO LINDO, respondents.

FACTS

This administrative case arose from three complaints filed by the Philippine Bank of Communications (PBCom) against four deputy sheriffs of the Regional Trial Court of Quezon City. The sheriffs were charged with gross misconduct for prematurely implementing the Court of Appeals decision in C.A.-G.R. SP No. 40636 (affirming the RTC decision in Civil Case No. Q-95-22625 in favor of Falcon Garments Corporation against PBCom) with unwarranted force and intimidation.
The RTC had granted a motion for execution pending appeal upon a bond. On September 13, 1996, the trial court issued an alias writ of execution directing the sheriffs to implement its order. That same day, the Court of Appeals promulgated its decision affirming the RTC judgment.
On September 13, 1996, Sheriffs Torio and Gumboc, accompanied by a lawyer and armed policemen, implemented the alias writ at PBCom’s Ayala Branch. They presented the writ and the CA decision. Over the bank’s objections and its demand for an alias writ and a certificate of finality, they took cash from the vault and teller booths. Also on September 13, Sheriffs Cabang and Lindo, with a lawyer and Falcon representatives, went to PBCom’s Crossroad Branch. Upon similar demands from the bank, they took cash from the teller booths.
On September 16, 1996, Sheriffs Torio and Gumboc, again with a lawyer and armed policemen, went to PBCom’s Buendia Branch. When bank employees refused to open the vault and demanded an alias writ and certificate of finality, the sheriffs proceeded to cut open the vault door with an acetylene torch and a sledgehammer. They only stopped when a Supreme Court temporary restraining order was served.
PBCom filed administrative complaints. The sheriffs defended their actions, stating they were merely complying with the trial court’s alias writ of execution. Cabang and Lindo denied involvement in the Buendia Branch incident.

ISSUE

Whether respondents deputy sheriffs are administratively liable for gross misconduct in implementing the writ of execution.

RULING

The Court ruled partially in favor of the complainant.
1. Regarding Sheriffs Nilo Cabang and Juanito Lindo: The complaint is DISMISSED for lack of merit. The duty of a sheriff to execute a valid writ is ministerial. The alias writ issued by the trial court was regular on its face and issued by competent authority. Their acts of presenting the writ and seizing cash at the Crossroad Branch were justified compliance with their ministerial duty. They were not involved in the Buendia Branch incident.
2. Regarding Sheriffs Cesar Torio and Efren Gumboc: They are declared GUILTY of gross misconduct. While their actions at the Ayala Branch were a valid enforcement of the writ, their conduct at the Buendia Branch was irregular, high-handed, and involved unnecessary and unwarranted force. The use of an acetylene torch and sledgehammer to destroy bank property over the objections of employees constituted grave abuse of authority and gross misconduct, diminishing public faith in the judiciary.
DISPOSITIVE:
Respondents Cesar Torio and Efren Gumboc are each ordered to pay a FINE of P5,000.00, with a warning that repetition will be dealt with more severely. A copy of the decision is to be attached to the personal records of all respondents.