(File photo)
MANILA – A court sheriff has been dismissed from the service by the Supreme Court (SC) for asking money from parties and causing delays in implementing court orders.
In a ruling published on April 24, the high court dismissed Sheriff George Clemente Paniqui, Tarlac and fined him PHP215,000 for gross neglect of duty and gross misconduct.
The SC also forfeited Clemente’s retirement benefits.
He was named in a complaint filed by lawyer Sotero Rambayon, who represented the plaintiffs in a civil case related to the writs of execution.
In its ruling, the SC noted that Clemente “unduly delayed” the implementation of the writ of execution in the civil case and failed to submit the sheriff’s report on time; and also delayed the execution of a judgment in another civil case for one year and eight months.
“A sheriff’s long delay in the execution of the judgments and the failure to accomplish the required periodic reports demonstrate gross neglect and gross inefficiency in the performance of official duties,” the Court said.
The SC also held Clemente liable for asking for a “police escort fee” and “mobilization fee” from the parties in the case.
It noted that the court sheriff did not deny demanding the fees from the litigants without court approval.
“He is not cleared just because the litigants were willing to pay the amount, or because he eventually returned the money,” the SC said.
It stressed that sheriffs are not authorized to receive payments from a winning party, and any amount paid to execute the writ should be deposited with the Clerk of Court, who would be the one to release the amount to the sheriff.
The SC noted that Clemente was aleadt disciplined by the court for the third time in the recent case Sagun v. Clemente, where he was found guilty for gross neglect of duty for unjustified failure to implement a writ of execution and submit a report.
He was also suspended for one year and warned that he would face more severe penalties for repeating a similar offense.
“It is evident that he never learned from his previous infractions, and he deliberately ignored the stem warnings from the Court. Having tarnished the good image of the judiciary, he should not be allowed to stay a minute longer in the service,” the SC said. (PNA)
