AM P 93 776; (October, 1994) (Digest)
G.R. No. A.M. No. P-93-776. October 7, 1994.
Gregorio Cunanan, complainant, vs. Henry Tuazon, Deputy Sheriff, RTC, Branch 57, Angeles City, and Rafael Rosario, Deputy Sheriff, RTC, Branch 59, Angeles City, respondents.
FACTS
Complainant Gregorio Cunanan obtained a favorable judgment in Civil Case No. 6567 against Elpidio Lakandula. A writ of execution was issued, and respondent Deputy Sheriff Henry Tuazon of RTC Branch 57, assisted by respondent Deputy Sheriff Rafael Rosario of RTC Branch 59, levied on Lakandula’s real property in Quezon City on February 26, 1992. Despite repeated demands from complainant to schedule a sheriff’s sale, Tuazon failed to do so. Without notice to complainant or authority from the court, Tuazon requested the Register of Deeds to cancel the levy on August 18, 1992, based on a certificate of full payment allegedly issued by complainant. After the cancellation, Lakandula sold the property to Republic Broadcasting System (RBS) for P10.5 million. Tuazon also deposited a check for P494,000 from Lakandula into his personal account, which was later dishonored. Tuazon did not file a return of the writ of execution as required and failed to appear at the administrative hearings. Rosario denied involvement in the cancellation, claiming he only assisted in preparing the levy and relaying information.
ISSUE
Whether respondents Deputy Sheriffs Henry Tuazon and Rafael Rosario are administratively liable for serious misconduct and irregularity in the performance of official duties in connection with the execution of the judgment in Civil Case No. 6567.
RULING
The Court found respondent Henry Tuazon guilty of serious misconduct and irregularity in the performance of his official duties. He failed to conduct an auction sale despite demands, unlawfully cancelled the levy without authority or notice, did not make a mandatory return of the writ of execution, and attempted to deposit a check from the judgment debtor into his personal account. His actions constituted a brazen disregard of court processes and ethical standards. He was DISMISSED from the service with forfeiture of all retirement benefits and prejudice to re-employment in any government branch or corporation.
The Court found no convincing evidence against respondent Rafael Rosario. He was merely acting as an assisting sheriff and did not participate in or conspire with Tuazon’s wrongful acts. The administrative charges against him were DISMISSED for lack of merit.