G.R. No.: A.M. No. P-02-1631
Date: August 28, 2003

Case Parties/Title: RENATO C. BALIBAG (for Banco Filipino Savings & Mortgage Bank), Complainant, vs. HERMITO C. MONICA, Deputy Sheriff III, Metropolitan Trial Court, Branch 56, Malabon, Metro Manila, Respondent.

FACTS

Banco Filipino was the defendant in an ejectment case (Civil Case No. 438-94) before the MeTC of Malabon. After the Court of Appeals’ decision became final, the MeTC ordered the release of rental deposits and a supersedeas bond to satisfy the judgment. On December 28, 1998, Deputy Sheriff Hermito C. Monica remitted the unpaid rentals to the plaintiff from these funds and released the excess of P630,076.94 to Banco Filipino. Subsequently, Banco Filipino discovered a remaining balance of P151,470.00. The MeTC, on July 16, 1999, granted Banco Filipino’s motion and ordered the respondent Sheriff to withdraw and release this balance to the bank. The Sheriff refused to release the amount unless he was first paid sheriff’s fees. On January 10, 2000, the MeTC issued another order directing the Clerk of Court to release the amount directly to Banco Filipino, but it was discovered the Sheriff had already withdrawn it on September 10, 1999. The Sheriff withheld the money, deducting P15,000.00 as fees, and only turned over P136,470.00 to the bank on July 13, 2000, after holding it for about ten months. Banco Filipino filed an administrative complaint for serious negligence, refusal to perform official duties, and violation of ethical standards.

ISSUE

Whether respondent Deputy Sheriff Hermito C. Monica is administratively liable for: (1) unreasonably withholding the balance of the rental deposits/supersedeas bond from Banco Filipino, and (2) improperly deducting sheriff’s fees from said amount.

RULING

Yes, the respondent is administratively liable. The Court, adopting the findings of the Office of the Court Administrator, found the respondent guilty as charged.
1. On Unreasonable Withholding: The respondent’s defense that he informed the complainant and waited for their lawyer to collect the money was insufficient. The July 16, 1999 MeTC order specifically directed him to release the balance to Banco Filipino. His failure to promptly deliver the funds after the complainant did not collect it, and his delay of four months before deciding to entrust the money to the Branch Clerk of Court, constituted gross misconduct. This act violated the duty under Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) to extend prompt and adequate service to the public.
2. On Improper Deduction of Fees: The deduction of 10% (P15,000.00) as sheriff’s fees was improper. The respondent had already collected his fees from the previous withdrawal of rental deposits on December 28, 1998. The remaining balance of P151,470.00 was not money collected by virtue of a court order, execution, or process under Section 7, Rule 141 of the Revised Rules of Court, but was an unwithdrawn balance held in trust. He was not entitled to additional fees on this amount.
DISPOSITIVE:
Respondent Hermito C. Monica is found GUILTY of gross misconduct. He is ordered to pay a FINE of Ten Thousand Pesos (P10,000.00) and is WARNED that a repetition of a similar infraction shall be dealt with more severely. He is further directed to RESTITUTE the amount of P15,000.00 to complainant Banco Filipino.