381 Phil. 377; 97 OG No. 48, 7010 (November 26, 2001)
QUISUMBING, J.:
In his Comment,[6] however, respondent Almeida stated that during the preliminary investigation of the case, both parties were able to reach an amicable settlement through the initiative of Public Prosecutor Bonifacio A. Sison. This was evidenced by the Sworn Affidavit of Desistance by respondent, which indicated that she was withdrawing her charges against respondent. Said affidavit further averred that she was no longer interested in pursuing the case as it was merely brought about by an outburst of anger caused by a misunderstanding between her and respondent.[7]
- That on April 11, 1996, at about 10:00 AM, I was accompanied by PERLITA J. RONQUILLO in going to the Municipal Hall of Navotas, Metro Manila to seek for an (sic) advice from Mr. Roman Gatbalete, an employee of the Metropolitan Trial Court, Navotas, Metro Manila regarding my problem on (sic) my house being occupied by Mr. Marcelo Aragon, Jr., who did not comply [with] the "KASUNDUANG PAG-AAYOS" executed between us before the Baranggay Office;
- Thereat, we were able to talk to Mr. Roman Gatbalete, and instead he referred us to Mr. Jun Alme[i]da, an alleged Sheriff of the said court;
- That I and Perlita J. Ronquillo were able to talk with Mr. Jun Alme[i]da who was also present at that time in the said office. Thus, I presented my problem to him. After presenting my problem to him on (sic) my house, Jun Alme[i]da asked from me the amount of TWO THOUSAND (P2,000.00) PESOS, since according to him, "SIGI AKO NA ANG BAHALA DOON AT PAPAALISIN NATIN ANG NAKATIRA DOON AT IPAPADLAK KO ANG BAHAY NA IYON."[1];
- That I told Jun Alme[i]da that I have only Five Hundred (P500.00) Pesos only (sic) in my possession. However, Jun Alme[i]da told me to give him the said money which I did, and I told him to (sic) give the balance later on;
- That after I handed the money to Jun [A]lme[i]da, he told me that he will be going to the questioned premises at 2:00 PM for ocular inspection, which he did. I met Jun Alme[i]da at my house (questioned premises) wherein, Jun Alme[i]da also saw Mr. Marcelo Aragon, Jr. Afterwards, Mr. Jun [A]lme[i]da told me as follows. "SIGI PUMUNTA KA NA LANG DOON SA OPISINA NGAYONG LUNES TUNGKOL SA ATING USAPAN."[2];
- That on April 15, 1996, I was again accompanied by Perlita J. Ronquillo in going to the Municipal Hall of Navotas, Metro Manila. Thereat, I and Perlita Ronquillo saw Jun Alme[i]da, and he told us to follow him in the courtroom. In the courtroom, Jun Alme[i]da told me in this manner, "O AKIN NA 'YONG KABUUHAN NA HINIHINGI KO SA IYO PARA MAGAWA NA IYON."[3] After that, I handed the ONE THOUSAND FIVE HUNDRED (P1,500.00) PESOS to Jun Alme[i]da, and then he let me sign a paper, which according to him, "ITO NA IYONG PAPEL NA IPAPASOK NATIN SA JUDGE PARA SESEREPIN NA SI MARCELO."[4]
- That however, I was greatly surprised after several days when I made a follow up of my case with Jun Alme[i]da, he would no longer entertain me, instead I saw Jun Alme[i]da having a lively talk with Mr. Marcelo Aragon and nothing happened in my case up to the present."[5]
"x x x he should be exonerated of the charges against him for lack of substantial proof of misdoing, [nevertheless,] respondent should be reprimanded for having a hand in complainant's legal problem when he should not have done so- thus exposing himself to the suspicion that for a consideration legal problems could be expedited by a court personnel."[14]In its Memorandum the Office of the Court Administrator (OCA), adopted the findings of the investigating Judge, but disagreed as to the finding that respondent was totally in good faith. The OCA stated that a mere reprimand is too light a sanction. A portion of its recommendation stated:
"There is no doubt that respondent demanded and actually received money from a litigant. His allegation that the money was intended for a third person who would prepare the necessary documents does not inspire belief for the giver could have handed the money directly to that person and not through a court personnel, particularly a sheriff, who by the very nature of his functions, must at all times act above suspicion (Lepanto Consolidated Mining Company vs. Melgar, 256 SCRA 600). The fact that respondent received money from a litigant, even if intended to be given to another person, is enough basis for sanctioning him for grave misconduct.Clearly, in our view, respondent failed to observe faithfully his duty as a sheriff. The implementation or execution of a writ issued by the court is purely ministerial, but circumspection and unsullied integrity are indispensable in the effective performance of his duty. Volunteering assistance in the facilitation of executing an agreement via acquisition of the necessary writ is already impermissible. He cannot show undue interest or partiality to a party. He should have known better than go beyond the line between merely assisting to execute and actively working to acquire a court order. Respondent should not have accepted money from the party- complainant. In the first place, therein involved was not the actual execution of a writ. Further, even granting arguendo that this were part of the execution process, respondent should have waited for the money to be officially disbursed to him if indeed due or required for expenses. He should not go on accepting, much less requesting for it from a party to the case beforehand. To restate what should be of common knowledge to court personnel:
Respondent's allegation that the settlement of the case was not for monetary consideration but that it stemmed from complainant's free act and deed is of no consequence, granting that such is the truth. Complainant's desistance from the case does not necessarily stop the proceedings in an administrative complaint. The Affidavit of Desistance by complainant cannot divest this Court of it's jurisdiction to investigate and ascertain the truth of the matter alleged in the complaint against respondent. (Roque vs. Grimaldo, 260 SCRA 1)."[15]
"The rule requires the sheriff executing the writs or processes to estimate the expenses to be incurred and upon the approval of the estimated expenses the interested party has to deposit the amount with the Clerk of Court and the Ex-officio Sheriff. These expenses shall then be disbursed to the executing Sheriff subject to his liquidation within the same period for rendering a return on the process or writ. Any unspent amount shall be refunded to the party who made the deposit. xxx ."[16]As a sheriff, respondent is bound to discharge [his] duties with prudence, caution and attention which careful men usually exercise in the management of their affairs. The sheriff, [who is] an officer of the court upon whom the execution of a final judgment depends, must be circumspect and proper in his behavior.[17]