AM P 07 2344; (April, 2009) (Digest)
G.R. No. A.M. No. P-07-2344. April 15, 2009.
Domingo U. Sabado, Jr., Complainant, vs. Laniel P. Jornada, Sheriff IV, Regional Trial Court – Office of the Clerk of Court (RTC-OCC), Manila, Respondent.
FACTS
Complainant Domingo U. Sabado, Jr. charged respondent Sheriff Laniel P. Jornada with conduct unbecoming a public official. Complainant alleged that between May 3 and 8, 2003, he gave respondent ₱56,500 to facilitate the expeditious processing of his bail bond. However, no bail was posted, leading to complainant’s arrest and detention. Complainant was later released after his sister posted bail. After confrontation, respondent returned ₱44,000, leaving a balance of ₱12,500. In his comment, respondent admitted receiving money for the bail but claimed the amount was only ₱44,000, and he shouldered ₱6,000 to complete the ₱50,000 bail “for the sake of their friendship.” He denied owing ₱12,500. Complainant refuted this by presenting an acknowledgment receipt from barangay conciliation proceedings, where respondent agreed to repay ₱56,500 in full after a partial payment of ₱44,000, with the balance of ₱12,500 due on June 13, 2006, which respondent failed to pay. The Office of the Court Administrator (OCA) found respondent liable for simple misconduct and recommended a fine of ₱11,000.
ISSUE
Whether respondent Sheriff Laniel P. Jornada is administratively liable for grave misconduct and dishonesty.
RULING
Yes, respondent is guilty of grave misconduct and dishonesty. The Court found that respondent was unauthorized to receive money for bail bonds, and his actions created the wrong impression that he could influence court processes for pecuniary gain, flagrantly disregarding established rules. His failure to return the ₱12,500, despite evidence from the acknowledgment receipt, constituted misappropriation and dishonesty. The Court emphasized that as a sheriff, respondent must conduct himself with integrity and avoid any impropriety. The OCA’s finding of simple misconduct was modified, as the elements of corruption and clear intent to violate the law were present. Respondent was dismissed from service with forfeiture of all benefits (except accrued leave credits), disqualified from reemployment in any government agency, and ordered to return ₱12,500 to complainant within 10 days.