AC 11095; (January, 2017) (Digest)
A.C. No. 11095. January 31, 2017. EUFEMIA A. CAMINO, Complainant, vs. ATTY. RYAN REY L. PASAGUI, Respondent.
FACTS
Complainant Eufemia A. Camino filed a disbarment complaint against Atty. Ryan Rey L. Pasagui. She alleged that respondent attorney agreed to facilitate a loan to finance the transfer of a property title to her name. Instead, Atty. Pasagui obtained a loan using complainant and her husband’s property as collateral and misappropriated the proceeds for his own use without her consent.
In a Per Curiam Decision dated September 20, 2016, the Supreme Court found Atty. Pasagui guilty of deceit, malpractice, and gross misconduct for converting his client’s money. The Court disbarred him and ordered him to return the misappropriated loan proceeds of ₱1,000,000.00 and ₱120,000.00, with stipulated legal interest, and to return all pertinent documents. The decision was declared immediately executory.
ISSUE
Whether a writ of execution may be issued to enforce the monetary awards in the Court’s disbarment decision against the respondent.
RULING
Yes. The Court granted the motion for issuance of a writ of execution. The Court’s September 2016 Decision, being immediately executory, is enforceable as a matter of right. Generally, execution is governed by Rule 39 of the Rules of Civil Procedure, which allows a judgment obligee to move for a writ in the court of origin upon finality.
However, this case originated as a disbarment proceeding directly before the Supreme Court, not a lower court. Pursuant to Section 6, Rule 135 of the Rules of Court, the authority to issue the writ rests with the Clerk of Court of the Supreme Court. Since the Court lacks its own sheriffs and the complainant resides in Tacloban City, the Court directed the Ex-Officio Sheriff of Tacloban City to implement the writ. The sheriff is instructed to execute the money judgment against the respondent’s properties in accordance with Rule 39, Sections 9 and 10 of the Rules of Civil Procedure, which detail the procedures for levying upon and selling real and personal property to satisfy a judgment.