G.R. No.: A.M. No. P-97-1250 October 6, 1997
Case Parties: DOMINADOR D. BORNASAL, JR., Clerk of Court and Ex-Officio Sheriff, RTC, Valenzuela, Metro Manila, complainant, vs. DEPUTY SHERIFF JAIME T. MONTES, RTC, Branch 75, Valenzuela, Metro Manila, respondent.

FACTS

The complainant, Dominador D. Bornasal, Jr., Clerk of Court and Ex-Officio Sheriff of the RTC of Valenzuela, Metro Manila, charged respondent Deputy Sheriff Jaime T. Montes with unauthorized acts related to a petition for extrajudicial foreclosure of a real estate mortgage (Foreclosure Case No. 738-V-95, “Fourleaf Fundlending and Development Corporation v. Sps. Calderon”). Bornasal refused to issue a Notice of Sheriff’s Sale because the mortgaged property was located in Taytay, Rizal, and Section 2 of Act No. 3135 , as amended, requires the sale to be made in the province where the property is situated. Despite the mortgagee’s argument about a venue stipulation in the promissory note, Bornasal advised the mortgagee to withdraw the petition, which it did on January 16, 1996. Subsequently, on April 1, 1996, Bornasal received a summons in an annulment case filed by the mortgagors (Spouses Calderon) as a consequence of a Notice of Sheriff’s Sale that had been issued and published for the withdrawn foreclosure case. This Notice was signed by respondent Montes purportedly for and on behalf of Bornasal, without the latter’s authority. In his Comment, Montes admitted to the accusations but claimed he acted in good faith due to the vehement request of the mortgagors.

ISSUE

Whether respondent Deputy Sheriff Jaime T. Montes is administratively liable for his unauthorized acts of issuing and causing the publication of a Notice of Sheriff’s Sale for a withdrawn foreclosure case, and for signing the notice purportedly on behalf of his superior.

RULING

Yes, respondent is administratively liable for grave abuse of authority, gross misconduct, and insubordination. The Court found his defense of good faith unavailing, as he could not have been unaware of the legal consequences of his actions, especially after the petition’s withdrawal. His acts violated the norms of public accountability and diminished public faith in the judiciary. As a court officer and agent of the law, he failed to discharge his duties with due care and utmost diligence. However, considering his categorical admission of the charges and sincere plea for forgiveness, the Court tempered justice with mercy. Respondent Deputy Sheriff Jaime T. Montes was SUSPENDED from office for a period of one (1) month without pay, with a STERN WARNING that a repetition of the same offense would be dealt with more severely.