G.R. No. RTJ-94-1270. August 23, 1995. OFFICE OF THE COURT ADMINISTRATOR, complainant, vs. JUDGE RENATO A. FUENTES, SHERIFF IV NORBERTO PARALISAN, and ATTY. WARELITO CARTAGENA, respondents.
FACTS

The Republic, through the DPWH, expropriated properties for a flyover project in Davao City. The court awarded compensation to the landowners, which became final. A writ of execution was issued for unpaid claims. Respondent Sheriff Norberto Paralisan implemented the writ against DPWH properties. He levied and scheduled an auction sale of “all scrap iron/junks heavy equipment” at the DPWH depot. The notice was served on the DPWH’s regional legal officer but not on the Office of the Solicitor General (OSG), the government’s statutory counsel.
The auction proceeded on May 18, 1994, with Alex Bacquial as the winning bidder. The following day, the OSG learned of the sale and sent a telegram directing the sheriff to hold proceedings in abeyance. Despite this, and armed with a “break through” order from Judge Fuentes, Sheriff Paralisan assisted Bacquial in hauling equipment from the depot on May 21, 1994. It was later discovered that the levied properties included numerous serviceable and repairable government equipment, not merely scrap, with a value far exceeding the judgment debt.

ISSUE

Whether Sheriff Norberto Paralisan is administratively liable for his conduct in implementing the writ of execution.

RULING

Yes, Sheriff Paralisan is guilty of grave misconduct and conduct prejudicial to the best interest of the service. His actions demonstrated gross ignorance of the law and procedure, partiality, and abuse of authority. First, he failed to serve the notices of levy and sale upon the OSG, violating the rule that the OSG must represent the government in all court proceedings. This procedural lapse deprived the Republic of its right to be heard through its proper counsel. Second, the description of the properties in the notice as “scrap iron/junks” was overly broad, vague, and misleading, failing to satisfy the requirement for a specific description to afford due process. This allowed the levy of serviceable equipment.
Third, his haste in conducting the sale and enforcing the “break through” order, despite the OSG’s directive to hold proceedings, showed bad faith and disregard for the government’s interests. His actions were not merely negligent but constituted a conscious design to unduly favor the judgment creditor and the bidder at the expense of the government, resulting in the loss of valuable public assets. Such conduct erodes public confidence in the judiciary and warrants the supreme penalty. Accordingly, Sheriff Paralisan was dismissed from service with forfeiture of all benefits and disqualification from reemployment in any government agency.