This case has been cited 2 times or more.
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2011-06-13 |
BRION, J. |
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| This administrative complaint stemmed from the administrative complaint, docketed as A.M. I.P.I. No. 02-1383-RTJ, filed by Gerardo D. Espiritu against Judge Jose L. Madrid of the Regional Trial Court (RTC), Branch 51, Sorsogon City, and Sheriff Ariosto Letada of the RTC, Branch 52, Sorsogon City, for Undue Delay in the Disposition of a Case and/or Manifest Bias or Partiality relative to the implementation of the Writ of Execution in Civil Case No. 5327, entitled "Loreto Brondial, et al. v. Vicente Go, et al." The complaint in A.M. OCA I.P.I. No. 02-1383-RTJ was dismissed in a Resolution dated September 15, 2003,[1] for the failure of complainant Espiritu to substantiate his claim that Judge Madrid and Sheriff Letada conspired with each other in the non-implementation of the writ. In the same Resolution, the Court directed the Office of the Court Administrator (OCA) to take appropriate action on its report that Efren E. Tolosa, Sheriff IV, Office of the Clerk of Court, RTC, Sorsogon City, who was the one originally designated to implement the writ of execution, violated Section 9, par. 2, Rule 39 of the Rules of Civil Procedure[2] when he did not turn over the checks that came into his possession to the Clerk of Court of the court that issued the writ on the same day he received them. In a letter dated October 21, 2003 of then Deputy Court Administrator, later Court Administrator and now Justice Jose P. Perez, Tolosa was asked to explain his failure to immediately turn over the checks as required by the Rules. | |||||
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2011-06-13 |
BRION, J. |
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| damages, P5,000.00 as attorney's fees and P3,000.00 as litigation expenses, and to pay the costs, with legal interest from the date of the decision until they are fully paid.[7] Both parties appealed to the Court of Appeals (CA). In a decision dated May 14, 1997, the CA affirmed the RTC decision with modification as to the damages awarded to the plaintiffs, as follows: P80,000.00 as actual or compensatory damages with interest at 6% per annum from | |||||