AM R 181 P; (July, 1987) (Digest)
A.M. No. R-181-P. July 31, 1987. ADELIO C. CRUZ, complainant, vs. QUITERIO L. DALISAY, Deputy Sheriff, RTC, Manila, respondent.
FACTS
Adelio C. Cruz charged Deputy Sheriff Quiterio L. Dalisay with malfeasance and corrupt practices. The first allegation was that Dalisay levied on Cruz’s personal bank deposit to enforce a final NLRC judgment against “Qualitrans Limousine Service, Inc.,” a corporation, despite Cruz not being the named judgment debtor. The second allegation was that Dalisay served an alias writ of execution on Cruz in Pasay City, exceeding his territorial jurisdiction which was limited to Manila.
Respondent sheriff defended his actions as ministerial. He argued that since Cruz had executed an affidavit identifying himself as the owner/president of the corporation, the plaintiff’s counsel advised the garnishment. During the investigation by the Executive Judge, complainant Cruz executed an affidavit of desistance, calling the matter a misunderstanding and leading to a recommendation for dismissal.
ISSUE
Whether respondent sheriff is administratively liable for his actions in enforcing the writ of execution.
RULING
Yes, the respondent is administratively liable. The desistance of the complainant does not bar disciplinary action, as public officers, especially those involved in the administration of justice, must avoid any appearance of impropriety. The Court found respondent negligent in enforcing the writ. A sheriff’s duty in executing judgments is ministerial and must conform strictly to the dispositive portion of the decision. The NLRC judgment clearly directed payment from Qualitrans Limousine Service, Inc., the corporate entity. By levying on Cruz’s personal assets simply because he was the corporation’s president, respondent improperly “pierced the corporate veil,” a power reserved to the courts, ignoring the fundamental legal doctrine that a corporation has a personality separate from its stockholders or officers.
Regarding the territorial jurisdiction charge, the Court noted the writ was issued before Administrative Circular No. 12, which mandated coordination with local sheriffs for out-of-jurisdiction enforcement. Thus, this particular act did not constitute a violation at the time. Nonetheless, for his negligence in erroneously enforcing the writ against a non-party, respondent Deputy Sheriff Quiterio L. Dalisay is FINED an amount equivalent to three months’ salary with a stern warning.