G.R. No.: A.M. No. P-01-1481, July 5, 2001
Case Parties: Rizal Commercial Banking Corporation, complainant, vs. Noel V. Quilantang, Sheriff IV, RTC – Br. 53, Bacolod City, respondent.

FACTS

The Rizal Commercial Banking Corporation (RCBC) filed an administrative complaint against Sheriff Noel V. Quilantang for Grave Misconduct, Gross Dishonesty, Gross Incompetence, Neglect of Duty, and Conduct Prejudicial to the Best Interest of the Service. The complaint stemmed from Quilantang’s failure to properly implement a writ of preliminary attachment issued on February 10, 1998, in Civil Case No. 98-101411. RCBC alleged that Quilantang demanded and received P7,000.00 for implementation expenses but neither deposited this amount with the Clerk of Court nor liquidated it. Despite filing a Sheriff’s Partial Return of Service on March 5, 1998, stating he had attached the defendants’ property, he failed to effectively annotate a Notice of Embargo on the title of the defendants’ land or take possession of their car. Consequently, the defendants transferred their land to a third party on March 2, 1998, rendering the subsequent money judgment in RCBC’s favor unenforceable as the defendants could no longer be located.
In his defense, Quilantang claimed the Notice of Embargo was served on the Register of Deeds on February 24, 1998, as shown by an entry in the Day Book. He blamed the City Registrar of Deeds for failing to annotate it and stated he did not attach the car as it had already been sold. He also justified not depositing the P7,000.00 by citing an alleged common practice among Bacolod sheriffs.
The investigation revealed that Quilantang did not personally serve the Notice of Embargo but delegated it to a certain “R. Talisa,” who was not connected to the Sheriff’s or Registrar’s office. Talisa failed to complete the annotation process by not paying the required fees and submitting the official receipt. When Quilantang personally brought the notice on March 2, 1998, annotation was refused because the property had already been sold and the title cancelled. Furthermore, Quilantang failed to appear at the investigation hearings despite notice. It was also noted that he had been absent without official leave (AWOL) since December 1999.

ISSUE

Whether respondent Sheriff Noel V. Quilantang is administratively liable for Gross Neglect of Duty, Inefficiency, Incompetence, Grave Misconduct, Gross Dishonesty, and Conduct Prejudicial to the Best Interest of the Service.

RULING

Yes, the respondent is administratively liable. The Supreme Court adopted the findings of the Investigating Judge but modified the recommended penalty.
The Court held that a sheriff’s duty to execute a writ is ministerial and must be performed with reasonable promptness and diligence. Quilantang committed gross neglect by delegating the critical task of serving the Notice of Embargo to an unauthorized and incompetent person (“R. Talisa”), resulting in the ineffective annotation and the defendants’ successful transfer of the property. His false representation in the Sheriff’s Partial Return that the property had been attached constituted gross dishonesty.
Regarding the P7,000.00, the Court found Quilantang violated Section 9, Rule 141 of the Rules of Court. He received an amount far exceeding the legal fee for executing a writ (P50.00 at the time) without following the proper procedure of securing court approval, depositing the amount with the Clerk of Court, and liquidating the expenses. His failure to account for the money raised a presumption of misappropriation.
His failure to appear at the investigation and his AWOL status further demonstrated his disregard for duty and the judicial process.
For these acts of Gross Neglect of Duty, Inefficiency, Incompetence, Grave Misconduct, Gross Dishonesty, Conduct Prejudicial to the Best Interest of the Service, and absence without leave, the Supreme Court DISMISSED Noel V. Quilantang from the service with FORFEITURE of all benefits and with prejudice to re-employment in any government branch or corporation. The decision was immediately executory.