Villaraza v. Atienza
REITERATIONFacts
1. The Antecedents: The underlying dispute arose from a complaint filed by Atty. Alberto O. Villaraza against Deputy Sheriff Catalino Y. Atienza of Quezon City. Atty. Villaraza accused the respondent of conduct unbecoming a public officer and an officer of the court in connection with the enforcement of a writ of execution in Civil Case No. VIII-34212. Specifically, the respondent allegedly demanded an initial expense amount of P500.00, in addition to a 5% fee on the collectible amount of P141,000.00, before proceeding with the execution of the writ. 2. Procedural History: The complaint was filed with the Office of the Court Administrator. The case was referred to Executive Judge Aloysius Alday of the City Court of Quezon City for investigation, report, and recommendation. Executive Judge Alday submitted his findings, concluding that the respondent sheriff demanded additional expenses and an irregular fee, and recommended forced resignation. The Court Administrator reviewed these findings and recommended separation from the service with prejudice to reemployment and forfeiture of privileges, though suggesting leniency due to the respondent's relative newness in the position and lack of prior administrative charges. 3. The Petition: This resolution addresses the administrative complaint filed against Deputy Sheriff Catalino Y. Atienza. The Supreme Court, Second Division, reviewed the findings of the investigating judge and the recommendation of the Court Administrator. The Court found the respondent guilty of malfeasance and gross misconduct in office for demanding an unauthorized fee and additional expenses, which undermined public trust and the integrity of the court. The Court considered the respondent's actions as conduct prejudicial to the best interest of the service and ordered his immediate resignation from the service with prejudice to reemployment.
Issue(s)
Whether the respondent Deputy Sheriff is guilty of malfeasance and gross misconduct for demanding unauthorized fees and delaying the implementation of a writ of execution.
Ruling
The Supreme Court found respondent Catalino Y. Atienza guilty of malfeasance and gross misconduct in office for demanding a 5% fee on the recoverable amount of P141,000.00, which is beyond the prescribed fees under the Rules of Court. His denial was found unconvincing, and his conduct was deemed prejudicial to the best interest of the service. Consequently, respondent was considered resigned from the service immediately, with prejudice to reemployment in any national or local government office or agency.
Ratio Decidendi
On Issue 1: The Court held that the respondent's demand for a 5% fee of the collectible amount is a reprehensible act that puts the court in a bad light. Under Rule 141, Section 7, the fees for executing processes and collecting money are specifically enumerated (e.g., four pesos for levying execution, and specific percentages for money actually collected ranging from 2% down to 0.5% for sums over P2,000). The respondent’s demand for 5% of P141,000.00 has no basis in the Rules. Applying Recto vs. Racelis, the Court emphasized that public office is a public trust, and court personnel must maintain the highest degree of integrity. Furthermore, citing Smith Bell & Co. vs. Saur, the Court clarified that a sheriff has a ministerial duty to execute a writ with celerity once it is in his hands. He has no discretion to negotiate personal fees or delay service based on private demands. The respondent's inaction from June 18 to June 25 was found to be a direct result of his failed extortion attempt. Such conduct undermines the people's faith in the administration of justice and renders the officer unfit for public service.
Main Doctrine
A Deputy Sheriff who demands a percentage-based fee beyond what is prescribed by the Rules of Court for the enforcement of a writ of execution, and refuses to act unless such demand is met, is guilty of malfeasance, gross misconduct, and conduct prejudicial to the best interest of the service, warranting separation from the service.