A.M. No. MTJ-94-965. April 2, 1996. LICERIO P. NIQUE, petitioner, vs. PRISCILLA T. HERNANDEZ, Clerk of Court and JOSE C. PENAS, Deputy Sheriff of RTC, Branch 16, respondents.
FACTS:

Complainant Licerio P. Nique charged respondent Priscilla T. Hernandez, then Clerk of Court and Ex-Officio Sheriff of the RTC of Tangub City, and Deputy Sheriff Jose C. Penas with Ignorance of the Law, Partisanship, Dereliction of Duty, and Failure to Account for a P1,000.00 deposit. The charges stemmed from the enforcement of a writ of preliminary injunction concerning a fishpond. Nique alleged that Hernandez improperly delegated the writ’s implementation to Penas, who then failed to fully restore Nique’s peaceful possession, specifically refusing to turn over sacks of fish feeds and equipment unless a receipt was signed, thereby rendering the sheriffs’ fee deposit worthless.
Respondents countered that the delegation to the Deputy Sheriff was standard practice and lawful. Penas asserted he fully implemented the writ with police assistance, turning over the fishpond’s possession, and submitted a proper Return of Service and a liquidated itinerary for the P1,000.00 expenses. Nique later added a charge of falsification, claiming Penas falsely listed “Car Hire” expenses for a day when a PNP vehicle was used. The case was referred for investigation.

ISSUE

Whether respondents Hernandez and Penas are administratively liable for the alleged offenses related to the enforcement of the writ of preliminary injunction and the liquidation of the sheriffs’ expense deposit.

RULING

The Supreme Court dismissed the complaint for lack of merit, exonerating both respondents. The legal logic rests on the absence of substantial evidence to support the charges and the propriety of the respondents’ actions under applicable guidelines. First, the delegation of the writ’s implementation by Clerk of Court Hernandez to Deputy Sheriff Penas was not improper. Under Administrative Circular No. 12 and the Guidelines and Procedure in the Service and Execution of Court Writs and Processes, Clerks of Court as Ex-Officio Sheriffs and their deputies are precisely tasked to serve writs within their territorial jurisdiction. Hernandez’s action was thus in line with her official functions.
Second, the charge of failure to account for the P1,000.00 deposit fails. The Investigating Judge found Penas submitted a detailed itinerary and liquidation. His explanation that the “Car Hire” entry for March 4, 1992, covered gasoline and repair costs for the PNP vehicle used was deemed credible, especially given the challenging terrain to the fishpond site. The complainant failed to cross-examine the respondents and their witnesses, leaving their testimonies and evidence uncontroverted. The Court found no breach of the duty of care and diligence required of sheriffs. Consequently, the charges were not substantiated.