AM P 93 824; (February, 1994) (Digest)
G.R. No. A.M. No. P-93-824. February 7, 1994.
REPORT OF BRANCH CLERK OF COURT INOCENCIO E. DUMLAO, REGIONAL TRIAL COURT, BRANCH 134, MAKATI, METRO MANILA, RE: DEPUTY SHERIFF, PIOQUINTO VILLAPANA, REGIONAL TRIAL COURT, MAKATI, METRO MANILA.
FACTS
Branch Clerk of Court Atty. Inocencio Dumlao charged Deputy Sheriff Pioquinto Villapana with demanding and receiving money from plaintiff Boris J. El-Khoury in Civil Case No. 92-3658, totaling P52,200.00, allegedly for expenses related to procuring an attachment bond, and failing to account for P43,000.00. The specific transactions were: (1) On January 14, 1993, Villapana received P30,000.00 as a cash advance for the bond premium; (2) on the same day, he received another P9,200.00 as premium for the bond; (3) on January 21, 1993, he received P8,000.00 for sheriff’s expenses; and (4) on February 11, 1993, he received P5,000.00 for sheriff’s expenses. The bond was later issued by Stronghold Insurance with a premium of P9,157.75, paid separately. At the investigation, respondent admitted receiving the P30,000.00 but claimed he only gave P10,000.00 to an insurance agent, failing to account for the P20,000.00 balance. He also admitted receiving the P8,000.00 and P5,000.00 amounts. His defense was that the monies were given voluntarily and accepted in good faith.
ISSUE
Whether Deputy Sheriff Pioquinto Villapana is guilty of grave misconduct for demanding and receiving money from a litigant and failing to account for the same.
RULING
Yes, respondent is guilty of grave misconduct. The Court rejected his defense that the monies were voluntarily given and accepted in good faith, noting that the complainant would not have gifted the respondent and then filed charges for failure to account. Accepting such payments from a party assisted in official duties constitutes a corrupt practice under the Anti-Graft and Corrupt Practices Act (R.A. No. 3019) and is inimical to the service, as it taints the office with suspicion. The conduct of judiciary employees must always be characterized by propriety, decorum, and integrity. Accordingly, respondent Deputy Sheriff Pioquinto Villapana is DISMISSED from service with forfeiture of all benefits and with prejudice to re-employment in any government agency, including government-owned or controlled corporations.