G.R. No. A.M. No. P-07-2359; August 11, 2008
Judge Ofelia Calo, MeTC, Branch 59, Mandaluyong City and Pablea Tamayo, complainants, vs. Ricardo L. Dizon, Sheriff III, MeTC, Branch 59, Mandaluyong City, respondent.

FACTS

This administrative case originated from a complaint regarding Sheriff Ricardo Dizon’s failure to fully implement a writ of execution in an unlawful detainer case (Civil Case No. 18787). The MeTC decision ordered defendants to vacate the premises and pay attorney’s fees and costs. A writ was issued to Sheriff Dizon in September 2004. While he eventually effected the turnover of the property to the winning plaintiff, Pablea Tamayo, in January 2005, he failed to satisfy the monetary award. His Sheriff’s Return misleadingly indicated the writ was “satisfactorily enforced.”
Judge Ofelia Calo, tasked with investigating, found Sheriff Dizon’s performance deficient. He declared a P10,000 sheriff’s fee without court approval or an explanation of its use, suggesting misappropriation. The investigation further revealed a pattern of neglect in other cases. In one, he was replaced by a special sheriff for failing to enforce a writ. In another, he was accused of contempt for improperly handling attached properties. In a third, he admitted receiving an advance for serving summons but failed to perform the service, leading to the case’s dismissal.

ISSUE

Whether respondent Sheriff Ricardo L. Dizon is administratively liable for his actions and omissions in the implementation of court writs.

RULING

Yes, Sheriff Dizon is guilty of Simple Neglect of Duty. The Court emphasized that a sheriff’s role in executing judgments is crucial, as he is the final link in the judicial chain. His duties are purely ministerial; he must implement writs promptly and strictly in accordance with their mandates. Sheriff Dizon failed in this fundamental obligation.
His failure to levy on property to satisfy the monetary judgment in the main case constituted a dereliction of duty. The misleading Sheriff’s Return compounded this failure. The pattern of neglect in other cases, as documented by Judge Calo, demonstrated a habitual disregard for proper procedure. This included failing to make proper returns, mishandling attached properties, and not performing paid services. While the Court considered his over 20 years of service and the fact this was his first offense, warranting some leniency, his breach of the Rules of Court was clear. The penalty for Simple Neglect of Duty typically ranges from suspension for one month and one day to six months. Given that Sheriff Dizon had passed away during the pendency of the case, the Court modified the penalty. Instead of suspension, a fine of Twenty Thousand Pesos (P20,000.00) was imposed, to be deducted from his retirement benefits.