AM R 400 P; (October, 1986) (Digest)
A.M. No. 400-P October 27, 1986
CITY MAYOR MIGUEL P. PADERANGA, ET AL., AS KAGAWADS OF THE SANGGUNIANG PANGLUNGSOD OF GINGOOG CITY, complainants, vs. RODRIGUEZ ORIMACO, DEPUTY PROVINCIAL SHERIFF, respondents.
FACTS
The complainants, city officials of Gingoog City, filed an administrative complaint against Deputy Sheriff Rodriguez Orimaco for abuse of authority, misconduct, and ignorance of law related to his execution of judgments in two civil cases. The charges included: employing armed PC soldiers without court authority; illegally levying on properties of third parties not included in the judgment; levying on properties far in excess of the judgment amount; and improperly garnishing city funds and selling city properties at auction. The respondent, in his comment, justified his actions. He claimed he requested military escorts due to a critical peace and order situation, and that his levies and garnishments were pursuant to final court decisions holding the defendants jointly and severally liable.
The case was referred for investigation. During the proceedings, the respondent admitted the factual allegations in Counts 2, 3, and 4. The investigating judge noted that the substantive validity of the levies and garnishments on both city and private properties had been rendered moot by the affirmance of the lower court’s judgments by the Intermediate Appellate Court and the Supreme Court. Consequently, the sole remaining issue for administrative resolution was the propriety of his act of employing armed escorts.
ISSUE
Whether the respondent Deputy Sheriff abused his authority by employing armed Philippine Constabulary soldiers to assist him in implementing a writ of execution.
RULING
Yes, the respondent is guilty of abuse of authority. The investigating judge found that on June 1, 1985, the respondent, without any court order, requested two PC soldiers to assist him in serving the writ. Although the soldiers were in civilian clothes, they were armed. Their presence caused fear and apprehension among the city employees. The Supreme Court found the case of Wearever Textile Mills, Inc. v. Deputy Sheriff Bagaybayan squarely applicable. In that precedent, the Court ruled that a sheriff abuses his authority by employing armed men to assist him without a court order, an act aggravated when the armed men are not in uniform, as it is obviously intended to intimidate.
The Court rejected the respondent’s defense that he acted due to a critical peace and order situation. The investigating judge found the service was effected “in the heart of the City of Gingoog which is generally peaceful.” Furthermore, the respondent’s claim was undermined by his own instruction for the escorts to be in civilian clothes and not bring firearms, which contradicted the stated need for security in a troubled area. The investigating judge concluded the respondent was motivated by a malicious desire to embarrass the complainants. Therefore, the respondent was found guilty of abuse of authority. The Court suspended him from service for two months without pay, with a warning that a repetition would be dealt with more severely.