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VIRGINIA VILLALUZ VDA. DE ENRIQUEZ v. JUDGE JAIME F. BAUTISTA

This case has been cited 1 times or more.

2008-03-14
AUSTRIA-MARTINEZ, J.
Respondent's claim that the amount of P10,000.00 was unexpectedly given him by complainant and that he was forced to accept it cannot excuse him from liability. Respondent should know that as sheriff, he is not allowed to receive any voluntary payments from the parties in the course of the performance of their duties, for to do so would be inimical to the best interest of the service. Even assuming arguendo that such payments were indeed given and received in good faith, this fact alone would not dispel the suspicion that these were made for less than noble purposes.[20] Good faith on the part of respondent, or lack of it, in proceeding to properly execute his mandate would be of no moment, for he is chargeable with the knowledge that being the officer of the court tasked therefor, it behooves him to make due compliances.[21]