AM P 23 082; (January, 2024) (Digest)
G.R. No. A.M. No. P-23-082 (Formerly OCA IPI No. 19-4991-P). January 30, 2024.
Rodalyn Guinto-Hanif, Complainant, vs. Christopher T. Perez, Sheriff IV, Branch 74, Regional Trial Court, Olongapo City, Zambales, Respondent.
FACTS
Complainant Rodalyn Guinto-Hanif filed a sworn statement against Sheriff IV Christopher T. Perez for grave misconduct and conduct unbecoming a public officer. The complaint stemmed from the implementation of a writ of execution issued by the Municipal Trial Court in Cities (MTCC) in a forcible entry case (Civil Case No. 7733) where Rodalyn and her husband were defendants. The MTCC decision ordered them to vacate the subject premises. Rodalyn and her husband appealed to the Regional Trial Court (RTC) and filed a petition for certiorari with the Court of Appeals questioning the order and writ of execution. Rodalyn alleged that on November 15, 2019, Sheriff Perez implemented the writ despite the pending petition. She claimed that during the implementation, Sheriff Perez punched her twice in the right forearm, causing bruising, as supported by a medico-legal certificate and photographs. The Office of the Court Administrator (OCA) directed Sheriff Perez to comment on the complaint. Despite being granted an extension and receiving a tracer, Sheriff Perez failed to submit his comment. The Judicial Integrity Board (JIB) noted this was the tenth administrative complaint against Sheriff Perez, who had been found liable multiple times before.
ISSUE
Whether respondent Sheriff Christopher T. Perez should be held administratively liable for Grave Abuse of Authority and Gross Insubordination.
RULING
Yes. The Court found respondent Sheriff Christopher T. Perez GUILTY of GRAVE ABUSE OF AUTHORITY and GROSS INSUBORDINATION. While it was his duty to enforce the writ, the infliction of bodily harm upon the complainant was unjustifiable and constituted grave abuse of authority. Furthermore, his repeated failure to comply with the OCA’s directives to file his comment, despite an extension and a tracer, amounted to gross insubordination. His failure to answer was deemed a waiver of his right to defend himself and an implied admission of the charges. Considering his repeated administrative infractions, the Court ordered his DISMISSAL FROM THE SERVICE with forfeiture of all retirement benefits, except accrued leave credits, and with perpetual disqualification from reemployment in any government agency or government-owned or controlled corporation.