Case Digest: JACINTO v. CASTRO

ILDEFONSO P. JACINTO v. SHERIFF BERNABE M. CASTRO

526 SCRA 292 (2007)

That sheriffs play an important role in the administration of justice, they being called upon to, among other things, serve and execute orders and processes with due care and utmost diligence, can never be overemphasized.

The Regional Trial Court (RTC) of Isabela found Christopher Salvador liable for reckless imprudence resulting in homicide and physical injuries and ordered him to pay Ildefonso P. Jacinto for the injuries suffered. The court also found Artemio Salvador, subsidiarily liable. Having no property to levy, the court charged Sheriff Bernabe M. Castro to collect the amout from Artemio. Jacinto gave 5000 pesos to Sheriff Bernabe to execute the court order.

Sheriff Bernabe appropriated the tricycle of Artemio Salvador but then returned the object of execution pending a verbal promise of Artemio to give the amount of P50,000. Artemio failed to pay the money and Jacinto again requested Sheriff Bernabe for the execution. Sheriff Bernabec failed to execute the court order.
Jacinto then filed a complaint alleging that Sheriff Bernabe failed to respond to repeated requests for execution. He then filed an administrative complaint against Sheriff Bernabe, alleging that he neglected his responsibilities, violating Section 5(a) of Republic Act 6713.

ISSUE:

Whether or not Sheriff Bernabe violated Section 5(a) of R.A. 6713 which requires officials to respond to an order of execution 15 days from the receipt of the order

HELD:

That sheriffs play an important role in the administration of justice, they being called upon to, among other things, serve and execute orders and processes with due care and utmost diligence, can never be overemphasized. If they fail to execute final judgments of the courts, such judgments become empty victories for the prevailing party.

Sheriff Bernabe lost sight of Section 5(a) of R.A. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, which provides that ―[a]ll public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.