G.R. No. P-98-1283 May 9, 2000
Johnny Gomez and Mar Guidote for Sabino S. Ramos, complainants, vs. Rodolfo A. Concepcion, Deputy Sheriff, Regional Trial Court, Branch 28, Cabanatuan City, respondent.

FACTS

This administrative case originated from a complaint regarding a passenger jeepney under the custody of respondent Deputy Sheriff Rodolfo A. Concepcion. The vehicle, with Plate No. DLZ-588, was involved in a vehicular accident on March 10, 1996, damaging the jeep of complainant Sabino S. Ramos and injuring passengers. The offending jeepney was confirmed to be under the sheriff’s official custody. Respondent claimed the vehicle was carnapped from in front of his residence between 12:00 p.m. and 1:00 p.m. on that day, an incident he reported to the police.
The case was referred for investigation. The Investigating Judge noted complainant Ramos’s repeated failure to appear at hearings and his lack of compliance with directives to submit a medical certificate for his absence. The Judge recommended dismissal, observing that the sworn statements failed to allege any personal gain by the sheriff from the vehicle’s use. The Office of the Court Administrator (OCA), however, evaluated the records differently.

ISSUE

Whether respondent Sheriff is administratively liable for dereliction of duty in safeguarding property under custodia legis.

RULING

Yes, respondent is administratively liable. The Court adopted the findings and recommendation of the OCA. The proceedings are not dependent on the complainant’s interest, as the Court’s disciplinary authority is exercised in the public interest. The records sufficiently establish respondent’s culpability.
The legal logic centers on the sheriff’s mandatory duty under Section 4, Rule 60 of the Rules of Court. The rule requires an officer who has taken property to keep it in a secure place and be responsible for its delivery to the entitled party. It is an undisputed fact that the vehicle was under respondent’s official custody. By parking it in front of his residence without adequate security, he unduly exposed it to risk, making it an “easy prey” for carnappers. He offered no valid explanation for this lapse. The vehicle could have been securely stored on court premises or another safe location, with allowable storage fees charged to the concerned party.
Sheriffs, as agents of the law, must discharge their duties with the prudence, caution, and attention expected of careful individuals in managing their affairs. Respondent’s failure to ensure the safekeeping of the property constituted a clear dereliction of this duty, compromising the integrity of the judicial process. His lack of care breached the high standards required of court personnel. The complainant’s disinterest does not negate this established negligence. Accordingly, respondent Rodolfo A. Concepcion is found GUILTY of dereliction of duty and is SUSPENDED for two months without pay, with a stern warning.