A.M. No. P-09-2657. January 25, 2010 (Formerly OCA IPI No. 04-2075-P)
BENJAMIN E. SANGA, Complainant, vs. FLORENCIO SJ. ALCANTARA and SALES T. BISNAR, Respondents.

FACTS

Complainant Benjamin E. Sanga, a legal heir and substitute for his deceased parents in an ejectment case (Civil Case No. 986), obtained a favorable decision and a subsequent Writ of Demolition. The writ was directed to respondent Sheriff Florencio SJ. Alcantara. Sanga alleged that Alcantara estimated and demanded ₱45,000.00 for execution expenses. Sanga gave Alcantara ₱5,000.00 on May 3, 2004, and, after obtaining a usurious loan, ₱40,000.00 on May 21, 2004. Alcantara issued only handwritten receipts, not official ones, and failed to implement the writ or deliver possession. Sanga then sought assistance from respondent Sheriff Sales T. Bisnar. Bisnar allegedly demanded ₱100,000.00, later reduced to ₱50,000.00. Sanga gave Bisnar ₱20,000.00 on September 10, 2004, and ₱27,500.00 on November 10, 2004, evidenced by Bisnar’s signed handwritten receipts. No official receipts were issued, and the writ remained unimplemented. In their comments, Alcantara admitted receiving the amounts but claimed the delays were due to pending motions and advice from Sanga’s counsel. He returned ₱36,000.00 after deducting ₱9,000.00 for alleged expenses. Bisnar denied the allegations, claiming he received ₱20,000.00 upon advice of Sanga’s PAO lawyers for initial expenses and that delays were due to an alias writ, a typhoon, and his illness. The case was referred for investigation, where the Executive Judge found both respondents demanded and received money without complying with procedural rules.

ISSUE

Whether respondents Sheriffs Florencio SJ. Alcantara and Sales T. Bisnar are administratively liable for Grave Misconduct for demanding and receiving money from complainant for the implementation of a Writ of Demolition without following the procedure mandated by Section 9, Rule 141 of the Rules of Court.

RULING

Yes, respondents are guilty of Grave Misconduct. The Court adopted the findings and recommendation of the Office of the Court Administrator (OCA). Section 9, Rule 141 of the Rules of Court requires a sheriff to: (1) prepare an estimate of expenses for court approval; (2) have the interested party deposit the approved amount with the clerk of court; (3) render an accounting; and (4) issue official receipts. Both respondents violated these rules by directly demanding and receiving substantial sums from complainant (totaling ₱45,000.00 from Alcantara and ₱47,500.00 from Bisnar) without the court’s approval, without depositing the amounts with the clerk of court, and by issuing only private handwritten receipts. Their actions constituted Grave Misconduct, defined as a wrongful intentional violation of a law or established rule involving corruption, clear intent to violate the law, or flagrant disregard of established rule. The Court emphasized that sheriffs must act with propriety and decorum, and their conduct must be beyond reproach. The penalty of dismissal is imposed for such serious infractions. Accordingly, respondents Florencio SJ. Alcantara and Sales T. Bisnar are DISMISSED from the service with forfeiture of all retirement benefits (except accrued leave credits) and with prejudice to re-employment in any government agency or corporation.