A.M. No. P-00-1439; December 5, 2000
MARIANO HERNANDEZ, complainant, vs. SAMUEL ARIBUABO, Sheriff III, MeTC-OCC, Manila, respondent.

FACTS

Complainant Mariano Hernandez, a tricycle driver, alleged that on November 8, 1997, he had a vehicular encounter with respondent Sheriff Samuel Aribuabo along Leyte St., Sampaloc, Manila. According to Hernandez and his witness, Villamor Castillo, Aribuabo alighted from his jeep, slapped Hernandez with a badge, strangled and kicked him, identified himself as a policeman, and pointed a gun. A medico-legal report confirmed Hernandez sustained tenderness on his right zygomatic and anterior neck areas, requiring medical attention for 1-3 days.
Respondent Sheriff Aribuabo presented a contrary version. He testified he merely intervened to pacify Hernandez, who was arguing with a truck driver and causing traffic. He claimed Hernandez challenged him to a fight, prompting him to leave as other tricycle drivers became hostile. His witnesses, Elmo Suller and Romeo Lorenzo, corroborated his account and denied any physical assault occurred.

ISSUE

Whether respondent Sheriff Samuel Aribuabo is administratively liable for grave abuse of authority and conduct unbecoming a public officer based on the conflicting accounts of the incident.

RULING

Yes, respondent is administratively liable. After referral for investigation, Acting Executive Judge Severino de Castro, Jr. found the complainant’s account partially credible. The Judge concluded that while evidence did not substantiate the claims of strangling and kicking, the medico-legal report objectively proved Hernandez sustained injuries. The Judge disbelieved Aribuabo’s claim of being chased by hostile drivers, as his own witness stated no such chase occurred. Thus, the investigating judge found that Aribuabo did slap Hernandez with a badge, constituting abuse of authority.
The Supreme Court affirmed this finding but modified the recommended penalty. The Court emphasized that sheriffs, as officers of the court, must conduct themselves with propriety and restraint at all times, whether on or off duty. Their behavior must uphold public respect for the judiciary. By introducing himself as a person in authority and assaulting complainant with a badge, Aribuabo engaged in overbearing conduct that brought disrepute to his office. Such misconduct violates the strict standards of honesty and integrity required of court personnel. A mere reprimand was deemed insufficient. Accordingly, the Court suspended Sheriff Samuel Aribuabo for one month without pay, with a stern warning against repetition.