AM P 2781; (April, 1984) (Digest)
A.M. No. P-2781. April 27, 1984.
The Court Administrator, complainant, vs. Danilo G. Reyes, respondent.
FACTS
The Court Administrator charged Deputy Sheriff Danilo G. Reyes with Serious Misconduct for failing to comply with a court order to conduct an auction sale of levied properties in a civil case for a sum of money. The order was issued after properties of the defendant, Romeo B. Castillo, were levied upon. Respondent did not proceed with the sale.
In his comment, Reyes justified his actions by stating he had already returned the levied properties to the defendant. He claimed he believed he had over-levied after the plaintiff’s counsel advised that one vehicle was sufficient to satisfy the debt. He also asserted that he released the properties because the plaintiff reneged on a promise to pay storage fees, as the Sheriff’s Office lacked secure storage.
ISSUE
Whether respondent Danilo G. Reyes is guilty of Serious Misconduct for releasing levied properties without a court order and failing to conduct the mandated auction sale.
RULING
The Court found respondent’s actions improper but not constitutive of Serious Misconduct warranting dismissal. The investigating judge found no evidence to sustain the charge, noting the properties were released shortly after levy, making compliance with the later auction order impossible. The plaintiff’s counsel did not refute respondent’s claim of advising the release, and the plaintiff executed an affidavit of desistance.
The Court agreed with the investigator that the charge of Serious Misconduct was not proven. Respondent’s release of the properties without court permission was an error in judgment, not an act of bad faith, as there was no showing of undue injury to the plaintiff or unwarranted benefit to the defendant. However, the Court deemed the initial recommendation too lenient. While respondent’s back salaries during his suspension were authorized following his acquittal by the Sandiganbayan, he was formally warned to exercise greater prudence in the discharge of his official duties. The administrative case was resolved with a stern admonition.