G.R. No.: A.M. No. P-11-2972 (Formerly OCA I.P.I. No. 10-3430-P)
Date: September 28, 2011

Case Parties/Title: YOLANDA LEACHON CORPUZ, Complainant, vs. SERGIO V. PASCUA, Sheriff III, Municipal Trial Court in Cities, Trece Martires City, Cavite, Respondent.

FACTS

Criminal cases for violations of B.P. Blg. 22 were filed against Juanito Corpuz. The MTCC approved a Compromise Agreement wherein Juanito promised to pay complainant Alicia Panganiban ₱330,000.00 and provisionally dismissed the cases. Upon Juanito’s failure to pay, the MTCC issued a Writ of Execution against him. On June 2, 2010, respondent Sheriff Sergio V. Pascua, implementing the writ, went to the office of Yolanda Leachon Corpuz (Juanito’s wife) and demanded she surrender her Toyota Town Ace Noah, registered in her name, threatening to damage it if she refused. To avoid further embarrassment, Yolanda surrendered the key. Sheriff Pascua took possession of the vehicle and parked it in his home garage, not within court premises. Yolanda filed an administrative complaint for grave abuse of authority and gross ignorance of the law, alleging the vehicle was illegally levied as the writ was against her husband, not her, and that Sheriff Pascua used the vehicle for personal purposes and failed to properly post a notice of sale. Sheriff Pascua defended his actions, claiming the vehicle was conjugal property subject to levy, he did not use it, and he followed proper procedure for the auction sale.

ISSUE

Whether respondent Sheriff Sergio V. Pascua is administratively liable for his actions in levying upon the vehicle registered in the complainant’s name to satisfy a writ against her husband and in keeping the levied vehicle at his personal residence.

RULING

Yes, respondent Sheriff Sergio V. Pascua is administratively liable for Simple Misconduct.
The Court found that Sheriff Pascua committed impropriety by levying upon a vehicle registered solely in the name of the complainant, Yolanda Corpuz, based merely on the presumption that it was conjugal property, without first requiring proof or resolving the issue of ownership. A sheriff must exercise due diligence in ensuring properties levied upon belong to the judgment obligor. Furthermore, his act of parking the levied vehicle in his home garage instead of in a place subject to the court’s custody (custodia legis) was improper and gave the appearance of impropriety, undermining public trust in the administration of justice. These acts constitute simple misconduct, a less grave offense.
PENALTY: Respondent Sheriff Sergio V. Pascua is SUSPENDED for TWO (2) MONTHS WITHOUT PAY, with a stern warning that a repetition of the same or similar act shall be dealt with more severely.