SC finds sheriff guilty of misconduct

CEBU, Philippines - The Supreme Court has found a sheriff of the Regional Trial Court in Cebu guilty of misconduct for allegedly threatening the complainants in a civil case filed before RTC Branch 16.

Associate Justice Jose Catral Mendoza fined Sheriff Generoso Regalado P10,000 and warned him that a repetition of a similar offense would be dealt with more severely.

The complainants, Carol Abadiano, Cleofe Abadiano-Bonachita, Ryan Abadiano and Cherry Mae Abadiano, the heirs of the late spouses Pablo and Teodora Abadiano, filed a case for grave abuse of authority, oppression and gross misconduct against Regalado on February 4, 2010 before the Office of the Court Administrator.

The complainants narrated the RTC Branch 13 had recognized their respective shares in the properties of their father. When their father was hospitalized, their brother Armando filed a motion before the court asking for permission to dispose of the properties so they could use the money to pay for hospital expenses.

The court granted the motion on December 1, 2004 with a warning that the proceeds shall only be used for medical and hospital expenses. However, Armando reportedly offered one of the properties as mortgage in a loan.   The mortgagee, Alfredo Genosolango, then filed a petition for extra-judicial foreclosure with RTC Branch 16 after Armando failed to pay after about eight months.

To protect their interest, the complainants filed a complaint to nullify the loan agreement, real estate mortgage, damages and attorney’s fees before RTC 23.

Despite the complaint still pending, Regalado served a writ of possession on the complainants and placed Genosolango in actual possession of the mortgaged property previously owned by the late Pablo.

Complainants said they filed a motion to cancel the writ of possession, but the same was denied by RTC Branch 16, the same court that issued the writ of possession for the mortgage property.

Complainants alleged that on October 10, 2009, Regalado went to the subject property and prevented them from collecting rentals from occupants and threatened to file a case for estafa against them if they would continue collecting rentals.

Regalado even allegedly showed a special power of attorney executed by Genosolango authorizing him to implement the order.

Regalado, in a reply, denied the allegations against him.

“All the proceedings in the implementation of the writ of possession were in accordance with law,” he said.

Regalado added he was only doing his job and denied using the special power of attorney which he called a “stray paper” as it was Genosolango’s lawyer who received the rentals on behalf of his client.

He claimed he was misquoted by the complainants when he informed them that Genosolango’s lawyer might file an estafa case if they would continue collecting rentals.

But Mendoza ruled “respondent’s denial cannot overcome the clear and categorical assertion of the complainants that he allowed himself to be the Attorney-in-fact of Genosolango.”

Mendoza added the agreement between the respondent with Genosolango without the knowledge and consent by the court constitutes conflict of interest.

Sheriff Jessie Belarmino, head of the Office of the Clerk of Court Regional Trial Court of Cebu, said that in order to avoid being subject of administrative cases, sheriffs must be extra careful in implementing orders and strictly follow the rules and regulations surrounding the same. (FREEMAN)