G.R. No. A.M. No. P-98-1265. June 29, 1998
Severiana Gacho, complainant, vs. Dioscoro A. Fuentes, Jr., Deputy Sheriff IV, Regional Trial Court, Branch 20, Cebu City, respondent.

FACTS

Complainant Severiana Gacho was the winning bidder for 25 lots sold at public auction in Civil Case No. CEB-14498 for P1,700,000.00. Respondent Deputy Sheriff Dioscoro A. Fuentes, Jr. demanded from her 10% of the bid price, or P170,000.00, allegedly as sheriff’s fee. Complainant issued a manager’s check for that amount payable to the respondent on December 2, 1996. Respondent did not issue any official or provisional receipt for the payment. Upon verification with the Office of the Clerk of Court, complainant discovered the correct sheriff’s fee was only P34,080.00. Respondent paid this correct fee to the government only after the discovery. Respondent initially failed to return the excess P135,920.00, despite promising to do so. Complainant filed an affidavit of desistance after receiving the excess amount, prompted by respondent’s plea that he had a family to support. An investigation was conducted by Judge Galicano Arriesgado, where respondent admitted receiving P170,000.00 and paying only P34,080.00 as the government commission. He claimed the excess was intended to pay capital gains tax, documentary stamps, and registration fees, but it was not used for that purpose and was eventually returned to complainant.

ISSUE

Whether respondent Deputy Sheriff Dioscoro A. Fuentes, Jr. is administratively liable for his actions in demanding and receiving an excessive amount from complainant without issuing a receipt.

RULING

Yes, respondent is guilty of grave dishonesty and grave misconduct. The Court found that respondent improperly collected an excessive amount, misrepresenting the entire P170,000.00 as sheriff’s fees when only P34,080.00 was legally due. His act of collecting money for purposes other than sheriff’s fees, such as tax payments, was improper and beyond his duties. His failure to issue a receipt compounded his culpability. Such unlawful exaction and deceitful conduct erode public trust in the judiciary. The affidavit of desistance does not exonerate him, as administrative proceedings involve public interest. Accordingly, the Court DISMISSED respondent Dioscoro A. Fuentes, Jr. from service with forfeiture of all retirement benefits and accrued leave credits and with prejudice to reemployment in any government branch or instrumentality.