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Simplecio A. Marsada, Complainant, vs. Romeo M. Monteroso, Sheriff IV, Regional Trial Court, Branch 34, Cabadbaran, Agusan del Norte, Respondent.
FACTS
Complainant Simplecio A. Marsada was the winning plaintiff in Civil Case No. 4658 for collection of a monetary obligation. The trial court rendered judgment ordering defendant Rolando Ramilo to pay Marsada, among others, attorney’s fees of ₱35,000.00. A writ of execution was issued specifically for this ₱35,000.00 amount. Respondent Sheriff Romeo M. Monteroso, tasked with implementing the writ, delivered only ₱25,000.00 to Marsada. Monteroso then requested Marsada to sign a prepared typewritten acknowledgment receipt stating that the ₱25,000.00 was received as “FULL AND ENTIRE SATISFACTION” of the obligation. When Marsada later inquired about the balance, Monteroso informed him the defendant could no longer pay. This prompted Marsada to file an administrative complaint for misconduct and dishonesty against Monteroso. It was noted that Monteroso had two prior administrative offenses: a one-year suspension in Beltran v. Monteroso and a six-month suspension in Cebrian v. Monteroso.
ISSUE
Whether respondent Sheriff Romeo M. Monteroso is administratively liable for his actions in implementing the writ of execution.
RULING
Yes, respondent Sheriff Romeo M. Monteroso is administratively liable for Simple Misconduct. The Court found that a sheriff must enforce a writ of execution strictly according to its terms as provided in the Rules of Court. Monteroso deliberately contravened the writ, which was for ₱35,000.00, by having the judgment creditor accept ₱25,000.00 as full satisfaction. His act of preparing and having Marsada sign a receipt indicating full payment exceeded his authority. The defense that the defendant could only offer ₱25,000.00 was not a valid justification, as it was the sheriff’s duty to exhaust all lawful means to recover the full amount, such as levying on the debtor’s properties. The act was not shown to be tainted with corruption or willful intent to violate the law, thus constituting simple, not grave, misconduct. Considering Monteroso had already retired from service and this was his third offense, the penalty of dismissal could no longer be imposed. Instead, the Court imposed a fine of ₱10,000.00, to be deducted from his accrued leave credits, and ordered the forfeiture of his entire retirement benefits.
