A.M. No. MTJ-04-1566. August 22, 2005
Rita M. Melecio vs. Tyrone V. Tan, Sheriff IV, RTC-OCC, Malaybalay City, Bukidnon

FACTS

Complainant Rita M. Melecio charged Sheriff Tyrone V. Tan with Grave Abuse of Authority and Grave Misconduct concerning the execution of a judgment in Civil Case No. 428, which ordered Manobo respondents to vacate certain premises. The complaint alleged that Sheriff Tan implemented an ejectment order based on a directive from the Clerk of Court before a writ of execution was formally issued. In his defense, Sheriff Tan asserted that a writ of execution had been properly issued on March 18, 2003, and he served notices to vacate on March 28, 2003. After the Manobos failed to comply, he evicted them on April 16, 2003.
An investigation revealed that the parties in the civil case had previously agreed to a resurvey, and the Manobos had voluntarily vacated the specific litigated area in November 2002, moving to another location they claimed was public land. Sheriff Tan, in a partial report dated March 31, 2003, acknowledged the need for an ocular inspection to verify this new claim. Despite this pending uncertainty regarding the exact boundaries and the property’s status, he proceeded with the eviction and demolished the occupants’ structures without securing a separate writ of demolition as required by the Rules of Court.

ISSUE

Whether respondent Sheriff Tyrone V. Tan is administratively liable for his actions in implementing the writ of execution.

RULING

Yes, Sheriff Tan is guilty of misconduct. The Supreme Court adopted the findings of the Office of the Court Administrator and the Investigating Judge, emphasizing that the assessment of credibility by the investigating judge is accorded respect. The Court found that Sheriff Tan acted with gross inefficiency and misconduct. He executed the writ despite his own recommendation for an ocular inspection to clarify the ambiguous situation, thereby failing to exercise the due care and circumspection required of a court officer. His actions were needlessly severe, as the prior voluntary vacation may have already satisfied the court’s order.
Furthermore, he committed a clear procedural violation by demolishing improvements without a special court order for demolition, contravening Section 10(d), Rule 39 of the Revised Rules of Civil Procedure. As a public officer and an agent of the court, a sheriff must perform his ministerial duties with prudence and within legal bounds. His conduct, characterized by a lack of diligence and a violation of rules, constitutes misconduct—a less grave offense under CSC rules. Accordingly, the Court suspended Sheriff Tan for six months without pay, with a stern warning against repetition.