G.R. No.: A.M. No. P-14-3214
Date: September 14, 2015

Case Parties:
VICENTE RAUT-RAUT, represented by JOVENCIO RAUT-RAUT, Complainant, vs. ROMEO B. GAPUTAN, Sheriff IV, Regional Trial Court, Branch 27, Gingoog City, Misamis Oriental, Respondent.

FACTS

The complainant, Vicente Raut-Raut (represented by Jovencio Raut-Raut), an heir of the defendant in Civil Case No. 515-M, filed an administrative complaint for Abuse of Authority against respondent Sheriff Romeo B. Gaputan. The complaint arose from Gaputan’s implementation of a Writ of Execution issued on November 12, 2003, to enforce a July 31, 2002 Decision ordering defendant Hilario Raut-Raut to restore possession of one-half of certain properties to the plaintiffs and pay unrealized profits.
Complainant alleged that Gaputan proceeded with execution despite the plaintiff’s failure to file a court-approved bond, did not follow the dispositive portion by delivering one-half of complainant’s titled CARP-awarded land instead of the property subject of the sale, and filed the Sheriff’s Return only on July 14, 2005—almost two years after receiving the writ. Complainant also argued that an Amended Sheriff’s Return dated April 24, 2009, was null and void as it was filed beyond the five-year period for execution.
In his Comment, Gaputan denied irregularities, citing disruptions like the need for property delineation, plaintiffs’ failure to fund a survey, the defendant’s death, and a third-party claim. He reported in his Amended Sheriff’s Return that he turned over half of the litigated property to a plaintiff on February 28, 2006. He admitted filing the Sheriff’s Return late, believing it substantially complied with reporting requirements.
The Office of the Court Administrator (OCA) found Gaputan guilty of Simple Neglect of Duty and recommended a P2,000 fine. The Court re-docketed the case as a regular administrative matter.

ISSUE

Whether respondent Sheriff Romeo B. Gaputan is administratively liable for his actions in implementing the Writ of Execution in Civil Case No. 515-M.

RULING

The Court found respondent Sheriff Romeo B. Gaputan GUILTY of Simple Neglect of Duty.
The Court emphasized that under Section 14, Rule 39 of the Rules of Court, a sheriff must make a return of the writ immediately upon satisfaction and, if full satisfaction is not possible, report to the court within thirty days and every thirty days thereafter until the judgment is satisfied or expires. Gaputan admitted failing to make periodic reports, submitting the Sheriff’s Return only on July 14, 2005, and an Amended Return on April 24, 2009, without satisfactorily explaining the delay. His duty in execution is ministerial, requiring prompt action and adherence to the writ’s mandate. Any need for clarification should have been sought immediately from the court.
As a sheriff with over 28 years of service, Gaputan was expected to know procedural rules and exhibit professionalism. His failure to report periodically and the delay in execution constituted simple neglect of duty—defined as failure to give attention to an expected task due to carelessness or indifference, a less grave offense. Considering his first offense and long service, the Court imposed a fine equivalent to one month’s salary instead of suspension. Since Gaputan had retired, the Finance Division was directed to deduct this amount from his retirement benefits. A copy of the Decision was ordered attached to his personnel records.