Case Digest: KENNETH NEELAND V. ILDIFONSO VILLANUEVA

KENNETH NEELAND V. ILDIFONSO VILLANUEVA

 
FACTS

Sugarland Motor Sales placed the highest bid price of P40,000 for a motor vehicle owned by Kenneth Neeland which was the subject of an auction sale. The Sheriff who conducted the sale turned over the amount of the mortgage obligation to Sugarland. The Clerk of Court, Ildifonso Villanueva (respondent) issued a certificate of sale but failed to turn over the balance to Neeland thus an administrative complaint was filed against the Sheriff and the Clerk of Court. The RTC ruled that both should be dismissed for gross misconduct. Thus the case at bar.

ISSUE

Whether or not Villanueva should be dismissed

HELD

NO. Although the SC did affirm that Villanueva indeed was remiss in his duties in turning over the balance of the proceeds of the auction sale and the payment of the sheriff’s commission in court and thus should be held accountable. However, for lack of previous derogatory record, the penalty was reduced. He was only fined P5,000 and was warned that a repetition of the same or similar offense would be dealt with more severely.