Mendoza v. Tuquero
REVERSALFacts
The Antecedents: This case involves a complaint filed by Orlando T. Mendoza against Sheriffs Rosbert M. Tuquero and Antonio V. Leaño, Jr. for alleged unreasonable delay in the execution of a writ of demolition in Civil Case No. 5747. The respondents filed a Second Motion for Reconsideration or Motion for Relief from Judgment, asserting they were not guilty of delay and that the plaintiff himself caused it. Procedural History: The respondents claimed that the delay from June 13, 1994, to February 5, 1997, was due to the plaintiff agreeing to postponements. They stated their involvement began with the second alias writ of demolition on February 5, 1997, as the first two writs were handled by the late Sheriff Antonio Q. Leaño, Sr. Respondent Rosbert Tuquero, a sheriff of Branch 65, RTC of Tarlac, only assisted Leaño, Sr. upon request and was later busy with other writs. Leaño, Sr. died on May 19, 1996, without submitting a return. The second alias writ was not implemented due to a request for time by the defendants and a pending TRO/injunction case. The third alias writ was postponed due to defendants' request for a relocation site, to which the plaintiff's counsel agreed. The plaintiff then filed a motion for a fourth alias writ. The respondents claimed they were not informed of the third alias writ's issuance on July 4, 1997, and that Mendoza filed the complaint directly with the Supreme Court. The Court en banc initially dismissed both respondents on June 28, 2001. Subsequent filings included a manifestation by Mendoza, a motion for reconsideration by respondents, and an affidavit by Mendoza denying an earlier affidavit and seeking the inclusion of Atty. Roberto Tuquero. The Court requested comments and noted the filings. The Petition: The respondents sought reconsideration of the resolution dismissing them, arguing their non-culpability for the delay and highlighting the plaintiff's role in the postponements. They also pointed out that the original complaint named Atty. Roberto Tuquero, not Sheriff Rosbert Tuquero.
Issue(s)
Whether respondents Sheriffs Rosbert M. Tuquero and Antonio V. Leaño, Jr. were guilty of unreasonable delay in the execution of the writ of demolition. Whether the dismissal of respondents Sheriffs Rosbert M. Tuquero and Antonio V. Leaño, Jr. should be reconsidered. Whether Atty. Roberto Tuquero should be included in the complaint.
Ruling
The Court partly granted the motions for reconsideration. It found Sheriff Antonio Leaño, Jr. guilty of negligence and imposed a penalty of suspension for fifteen (15) months. The motions were denied for lack of merit concerning Sheriff Rosbert Tuquero, and his dismissal was maintained. The complaint against Atty. Roberto Tuquero was remanded to the Office of the Court Administrator for investigation.
Ratio Decidendi
On the issue of unreasonable delay: The Court found that Sheriff Antonio Leaño, Jr. began acting as the sheriff responsible for implementing the writ of demolition only after his father's death on May 19, 1996, and was appointed Sheriff IV on June 25, 1996. His first action in this capacity, along with Sheriff Tuquero, was sending a notification for the Second Alias Writ of Demolition on April 1, 1997. The Court noted that the Sheriff's Return dated March 2, 1998, signed by both respondents, indicated the fourth alias writ had been served and implemented, with possession turned over to the plaintiff. However, the Court found that Sheriff Leaño, Jr. was remiss in his duty to immediately implement the alias writ of demolition issued between July 4, 1997, and March 2, 1998, a period of eight months, for which he failed to provide an adequate explanation. On the issue of reconsideration for Sheriff Leaño, Jr. and gross neglect of duty and misconduct for Sheriff Rosbert Tuquero: The Court reconsidered the dismissal of Sheriff Antonio Leaño, Jr., and he was suspended for fifteen (15) months for negligence. The Court maintained the dismissal of Sheriff Rosbert M. Tuquero. The records showed that he assisted the late Sheriff Antonio Q. Leaño, Sr. in implementing the writ of demolition since November 10, 1994, and continued to assist Sheriff Antonio Leaño, Jr. This prolonged involvement, spanning from 1994, was deemed to constitute gross neglect of duty and serious misconduct in office, justifying his dismissal. On the issue of including Atty. Roberto Tuquero: The Court observed that the original complaint filed by Orlando T. Mendoza dated November 21, 1997, unmistakably referred to Atty. Roberto Tuquero, who was the Clerk of Court and ex-officio provincial sheriff of the RTC of Tarlac. Sheriff Rosbert M. Tuquero was not mentioned in the body of the complaint but appeared in annexes. The Court noted that Atty. Roberto Tuquero received money for the demolition crew and was allegedly to blame for the delay. Given these discrepancies and the complainant's subsequent affidavit seeking his inclusion, the Court remanded the complaint against Atty. Roberto Tuquero to the Office of the Court Administrator for investigation, report, and recommendation.
Main Doctrine
The Court reconsidered the dismissal of Sheriff Leaño, Jr., imposing a penalty of suspension for fifteen (15) months due to negligence in implementing the alias writ of demolition. The dismissal of Sheriff Rosbert Tuquero was maintained due to gross neglect of duty and serious misconduct in office. The complaint against Atty. Roberto Tuquero was remanded for investigation.