AM P 05 1955; (November, 2007) (Digest)
G.R. No. A.M. No. P-05-1955. November 12, 2007. CARMELITA LAO LEE, complainant, vs. LOUIE C. DELA CRUZ, Sheriff IV, RTC-Branch 75, Valenzuela City, respondent.
FACTS:
Complainant Carmelita Lao Lee filed an administrative complaint against respondent Sheriff Louie C. Dela Cruz for obstruction of justice, inefficiency, incompetence, and conduct unbecoming a government official. The charges arose from the sheriff’s implementation of a Writ of Execution in an ejectment case (Civil Case No. 267-V-02) where Lee was the prevailing party. The RTC had affirmed the ejectment decision and issued the writ.
Respondent served a Notice to Vacate on the losing defendants, the spouses Lamsen, giving them a 15-day grace period, which exceeded the 3-day period mandated by the Rules of Court. During the execution on February 12 and 13, 2004, respondent commenced operations late in the day and was ill-prepared, merely inventorying the defendants’ belongings instead of removing them from the premises. The execution was halted when defendant Romy Lamsen arrived, and was ultimately stopped when Lamsen presented a Temporary Restraining Order from the Court of Appeals. Complainant also alleged that respondent demanded P8,000.00 for execution expenses without following proper procedure, though no money was actually handed over.
ISSUE
Whether respondent Sheriff Louie C. Dela Cruz is administratively liable for his actions in implementing the Writ of Execution.
RULING
Yes, the Supreme Court found respondent guilty of inefficiency, incompetence, and simple misconduct. The Court adopted the findings of the investigating judge but modified the penalty. The investigating judge found that the 15-day notice exceeded the rules, the execution attempts were conducted late and inefficiently, and the discussion about execution expenses violated procedure by demanding money without prior court approval, even though no payment was made.
Applying the Uniform Rules on Administrative Cases in the Civil Service, simple misconduct is an aggravating circumstance to the more serious charge of inefficiency and incompetence in the performance of official duties. The penalty for the latter is suspension for six months and one day to one year for a first offense. With the aggravating circumstance, the Court imposed the maximum penalty. Respondent Sheriff Louie C. Dela Cruz was SUSPENDED from service for ten months and one day without pay and benefits, with a stern warning against repetition.