G.R. No.: A.M. No. P-09-2627; January 26, 2011
Case Title: Reina Edenlyne Garcia, Complainant, vs. Robert V. Alejo, Sheriff IV, Regional Trial Court, Branch 142, Makati City, Respondent.

FACTS

Reina Edenlyne Garcia filed an administrative complaint against Sheriff Robert V. Alejo for Gross Misconduct, Gross Dishonesty, and Conduct Prejudicial to the Interest of the Service. Garcia, claiming to be the legitimate president of Concorde Condominium, Inc. (Concorde), alleged that Alejo conspired with individuals who had usurped control of the corporation. The complaint specified that Alejo received sheriff’s fees from Concorde without court approval on several occasions in 2004 and 2005, totaling ₱72,500, as evidenced by cash vouchers and a summary of expenses. Furthermore, Garcia alleged that Alejo had been on Concorde’s payroll since January 2005, receiving a monthly allowance of ₱2,500, evidenced by checks he encashed using his Supreme Court ID. She also claimed he acted as Concorde’s employee by collecting rentals from tenants. Garcia asserted these arrangements explained Alejo’s “precipitate actions” in serving court writs related to Civil Case No. 00-1547, where Concorde was the plaintiff.
In his defense, Alejo denied the charges, calling them a harassment suit stemming from his ministerial duties in executing writs in the said civil case. He claimed the Sheriff’s Commission on the sale of a levied property was duly receipted by the Clerk of Court. Regarding the monthly allowance, he admitted that Concorde’s administrator, Adrian Castano, asked him to assist in collecting rentals after office hours and on weekends. Alejo claimed he initially declined due to prohibitions but eventually accepted the ₱2,500 as reimbursement for transportation and incidental expenses, insisting his extra work did not interfere with his official duties.

ISSUE

Whether respondent Sheriff Robert V. Alejo is administratively liable for dereliction of duty and violation of office rules and regulations, including the Code of Conduct for Court Personnel.

RULING

The Court found respondent Sheriff Robert V. Alejo GUILTY of dereliction of duty and violation of office rules and regulations and the Code of Conduct for Court Personnel.
The Court adopted the findings of the Office of the Court Administrator (OCA). It held that Alejo violated Section 9, Rule 141 of the Rules of Court by receiving sheriff’s fees from Concorde without prior court approval. The Court emphasized that sheriffs must strictly follow the rules on collecting legal fees to avoid any suspicion of corruption. Furthermore, Alejo’s act of receiving a monthly allowance and performing collection services for a private party involved in litigation where he was the implementing sheriff constituted “moonlighting” that was incompatible with his official duties. This arrangement created a conflict of interest, undermined the integrity of the judiciary, and could have influenced his independence in performing his functions. His claim that the work was done after hours did not excuse the violation, as it still adversely reflected on the judiciary’s integrity.
Considering the gravity of the offenses and noting that Alejo had a previous admonition for abuse of authority in another case (A.M. No. P-08-2428), the Court modified the OCA’s recommended penalty. Applying the Revised Uniform Rules on Administrative Cases in the Civil Service, where multiple charges result in a penalty for the most serious count with others as aggravating circumstances, the Court imposed a stiffer sanction.
DISPOSITIVE PORTION:
Robert V. Alejo, Sheriff IV, Regional Trial Court, Branch 142, Makati City, is SUSPENDED for six (6) months without pay for dereliction of duty and violation of office rules and regulations as well as the Code of Conduct for Court Personnel. Alejo is also STERNLY WARNED that a repetition of the same or similar offense in the future shall be dealt with more severely.