G.R. No. P-92-673 June 17, 1993
LUMEN POLICARPIO, CONCORDIA GLADYS YSMAEL, RICARDO POLICARPIO RENTAO, JOSE POLICARPIO and LEONILA POLICARPIO, petitioners, vs. GALLARDO TOLENTINO, Deputy Sheriff and AUGUSTO CASTRO, Ex-Oficio Sheriff of the Regional Trial Court of Malabon, respondents.

FACTS

Petitioners filed an administrative complaint against respondents Deputy Sheriff Gallardo C. Tolentino and Clerk of Court/Ex-Oficio Sheriff Atty. Augusto D. Castro, Jr. of the RTC of Malabon for grave abuse of authority, serious misconduct, and conduct prejudicial to the service. The complaint arose from the respondents’ implementation of an alias writ of possession in Civil Case No. R-83-19048, “Philippine Trust Company vs. Lumen Policarpio, et al.,” of Branch 12, RTC Manila. The property subject of the writ was originally mortgaged by Lumen Policarpio’s parents to Philtrust, foreclosed, and eventually sold. On October 15, 1990, Judge Procoro J. Donato of RTC Manila Branch 12 issued a second alias writ of possession, which was assigned to respondent Tolentino for implementation. On November 12, 1990, Tolentino filed a motion for approval of his estimated expenses for implementing the writ. Without waiting for the court’s action on this motion, Tolentino proceeded to implement the writ on November 14, 1990. For this undue haste, Judge Donato found Tolentino guilty of indirect contempt on November 29, 1990. Subsequently, on October 4, 1991, Tolentino filed a sheriff’s Return and Manifestation with the Executive Judge of RTC Malabon, seeking authority to place the complainants’ personal property in a bonded warehouse and to approve his bill of expenses. Executive Judge Cabigao issued the order prayed for on October 7, 1991. Acting on this order and a Supreme Court resolution dated August 28, 1991, Tolentino, with the knowledge and approval of Castro, and aided by Philtrust’s lawyer and thirty bank employees, forcibly opened the complainants’ house, ransacked it, removed all personal property, and transferred them to a bonded warehouse in Pandacan on October 14, 1991. The next day, October 15, 1991, Judge Cabigao recalled and set aside his October 7 order. Complainants alleged the enforcement was unlawful as the RTC Malabon had no jurisdiction over the case and filed robbery charges against the respondents.

ISSUE

Whether respondents Gallardo C. Tolentino and Atty. Augusto D. Castro, Jr. are administratively liable for their actions in implementing the alias writ of possession.

RULING

Yes, the respondents are administratively liable. The Supreme Court found the implementation of the writ of possession on October 14, 1991, to be premature, irregular, carried out with undue haste, and in an oppressive manner, as it was done without awaiting the court’s action on the sheriff’s motion for approval of estimated expenses. For this misconduct, Tolentino had already been found guilty of indirect contempt by Judge Donato. The Court, adopting the recommendation of the Court Administrator, found respondents Gallardo C. Tolentino and Atty. Augusto Castro guilty of abuse of authority and serious misconduct. Each was ordered to pay a fine of Two Thousand Pesos (P2,000.00). They were warned that a repetition of the same or similar act would be dealt with more severely and were admonished to henceforth exercise utmost care and prudence in their duties.