This case has been cited 2 times or more.
|
2012-09-24 |
PERLAS-BERNABE, J. |
||||
| Consequently, the Court finds respondent sheriff guilty of dishonesty and grave misconduct when he unlawfully collected[16] and pocketed the amount of P15,000.00 intended to defray the expenses for the publication of the notice and enforcement of the writ of execution but which was not accordingly spent. He is likewise guilty of dereliction of duty in failing to observe the proper procedure in collecting execution expenses and conducting an execution sale.[17] Moreover, he violated Canon III, Section 2(b) of A.M. No. 03-06-13-SC,[18] which prohibits court employees from receiving tips or any remuneration from parties to the actions or proceedings with the courts.[19] | |||||
|
2010-11-17 |
PERALTA, J. |
||||
| During the pendency of this case, herein respondent was found guilty, in Geronca v. Magalona,[15] of dereliction of duty for failure to observe the proper procedure under Section 9, Rule 141 of the Rules of Court in the collection of fees for his expenses from the party requesting the execution of a writ and, also, of grave misconduct and dishonesty for unlawfully collecting the P10,000.00 execution fee, refusal to surrender the proceeds of the auction sale, and failure to turn over the motorcycle keys to therein complainant despite repeated demands. Accordingly, respondent was dismissed from the service with forfeiture of all his benefits, except accrued leave credits, and disqualified from reemployment in any government agency, including government-owned or controlled corporations. | |||||