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ATTY. RICO PAOLO R. QUICHO v. BIENVENIDO S. REYES

FACTS:

This case involves a complaint filed by Atty. Rico Paolo R. Quicho on behalf of the Bank of Commerce (BOC) against respondent Bienvenido S. Reyes, Jr., a sheriff at Branch 98 of the Regional Trial Court (RTC) in Quezon City. Atty. Quicho alleged that Reyes abused his authority and displayed ignorance of the law in relation to the enforcement of the Alias Writ of Execution in Civil Case No. Q-89-3580.

The complaint arose from the implementation of the Alias Writ of Execution issued by Branch 98 of the RTC in Quezon City. Atty. Quicho claimed that Reyes exceeded his authority in enforcing the writ on two separate occasions at BOC's main office and another BOC branch in Lipa City, Batangas.

Atty. Quicho alleged that Reyes violated the 2002 Revised Manual for Clerks of Court in implementing the alias writ. Reyes argued that he did not violate any law when he refused to accept a real estate property offered by BOC to satisfy the judgment. Reyes contended that he did not abuse his authority during the implementation and only used reasonable force to access the bank's main vault.

In response, Atty. Quicho reiterated that Reyes was guilty of ignorance of the law when he refused to accept the real estate property offered by BOC. He claimed that BOC was entitled to exercise the option to choose the properties to be levied upon.

ISSUES:

  1. Whether or not the sheriff violated the rules on execution of judgments for money by refusing to accept the real estate property offered by the judgment obligor.

  2. Whether or not the judgment obligor's belated offer of real estate property constitutes a waiver of its option to choose which property may be levied upon.

  3. Whether Reyes should have sought clarification from the judge who issued the writ before rejecting the offer made by the Bank of Commerce (BOC).

  4. Whether Reyes' claim of good faith in executing the writ is a valid defense.

  5. Whether Reyes' use of force, including blow-torching the cash vault and taking the cash and computers of the BOC, was justified.

  6. Whether Reyes' act of rejecting BOC's offer amounted to grave abuse of authority.

RULING:

  1. The sheriff violated the rules on execution of judgments for money by refusing to accept the real estate property offered by the judgment obligor. The judgment obligor's belated offer of real estate property does not constitute a waiver of its option to choose which property may be levied upon.

  2. Reyes was duty-bound to seek clarification from the judge who issued the writ before rejecting the offer made by BOC. Reyes failed in his duty as an officer of the court to properly handle questions relating to the writ.

  3. Reyes' claim of good faith in executing the writ is not a valid defense. He is chargeable with the knowledge of proper actions to take when questions in the writ require clarification.

  4. Reyes' use of force, including blow-torching the cash vault and taking the cash and computers of the BOC, was not justified. It was unnecessary and resulted in harm and fear among the bank employees and clients. The act of taking the bank's computers was also not justified as essential property should not be levied upon.

  5. Reyes' rejection of BOC's offer amounted to grave abuse of authority, defined as a misdemeanor committed by a public officer who wrongfully inflicts bodily harm, imprisonment, or other injury upon a person. Reyes' actuation only showed his overzealousness in implementing the writ.

PRINCIPLES:

  • The highest standard of professionalism in the performance of judicial tasks is demanded from every court personnel.

  • The duties of a sheriff in executing judgments for money include making a demand of immediate payment, receiving payment in acceptable forms, levying upon the properties of the obligor, allowing the obligor to exercise the option to choose which property may be levied upon, and levying on personal or real properties.

  • If the judgment obligor cannot pay immediately, they can exercise their option to choose which property may be levied upon. If they do not exercise this option immediately or when they are absent or cannot be located, they waive such right.

  • Officers of the court, such as sheriffs, must know the basic rules relating to the implementation of writs of execution and should act with professionalism and diligence.

  • Sheriffs play an important role in the administration of justice and should maintain the prestige and integrity of the court.

  • Grave abuse of authority is a misdemeanor committed by a public officer who wrongfully inflicts bodily harm, imprisonment, or other injury under the color of his office.

  • Substantial evidence is the amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion, the quantum of proof required in administrative cases.