G.R. No. P-04-1782. July 30, 2004
Serafin A. Añonuevo, complainant, vs. Judge Jose Noel R. Rubio and Sheriff III Danilo C. Adille, MTCC-Br. 3, Legazpi City, respondents.

FACTS

Complainant Serafin A. Añonuevo, Chairman of Legazpi Tricycle Transport Service Cooperative, Inc. (LETTRASCO), filed an administrative complaint against Judge Jose Noel R. Rubio and Sheriff Danilo C. Adille. The complaint stemmed from two collection cases filed by LETTRASCO against Florentino Revoltar and Alexander Daet. Respondent Judge decided the cases in favor of LETTRASCO but imposed a 12% annual interest instead of the stipulated 5% monthly interest, prompting the charge of rendering an unjust judgment.
Regarding Sheriff Adille, writs of execution were issued on August 4, 2000. Complainant alleged that the sheriff only acted upon the writs in December 2000 after repeated prodding, securing only partial payments from the defendants. As of the complaint’s filing, the judgment obligations remained unsatisfied. Complainant thus charged the sheriff with inefficiency and dereliction of duty for the delay in implementation and failure to ensure full satisfaction.

ISSUE

Whether respondent Sheriff Danilo C. Adille is administratively liable for neglect of duty in the implementation of the writs of execution.

RULING

Yes, Sheriff Adille is guilty of Simple Neglect of Duty. The Court dismissed the complaint against Judge Rubio, as an alleged erroneous judgment is not a proper subject of an administrative complaint when judicial remedies like an appeal are available. For sheriffs, however, the duty to execute judgments promptly and diligently is ministerial and crucial to the administration of justice. Litigation does not end with judgment; execution is its final stage, and delays render judgments inutile.
The Court found that Sheriff Adille delayed the implementation of the writs for over three months, acting only after complainant’s prodding. More importantly, he failed to comply with the mandatory reporting requirement under Section 14, Rule 39 of the Rules of Court. This rule requires a sheriff to report to the court within thirty days if a judgment is not fully satisfied and to submit periodic reports every thirty days thereafter until full satisfaction. Sheriff Adille’s failure to submit these reports and his procrastination constitute simple neglect of duty, defined as the failure to give proper attention to a task expected of an employee due to carelessness or indifference.
As a first offense, Simple Neglect of Duty carries the penalty of suspension for one month and one day to six months. The Court imposed a one-month-and-one-day suspension without pay on Sheriff Adille, with a stern warning. The Presiding Judge was also directed to ensure the immediate and full implementation of the writs of execution.