FERDINAND RAYMUND C. BACOLOT, COMPLAINANT, VS. ATTY. JESSIBEL M. PABLO­-DRIESSEN, CLERK OF COURT VI, OFFICE OF THE CLERK OF COURT (OCC); VICENTE B. ANGCON, JR., SHERIFF IV, BRANCH 19; JIMELITO O. BABOR, SHERIFF IV, OCC; AND DAX S. SUARIN, CLERK III, OCC, ALL OF THE REGIONAL TRIAL COURT (RTC), PAGADI

Ruling

ACCORDINGLY , we respectfully RECOMMEND to the Honorable Supreme Court that: 1.) the instant administrative complaint against respondent Dax Suarin, Clerk III, Office of the Clerk of Court, Regional Trial Court, Pagadian City, Zamboanga Del Sur be DISMISSED for insufficiency of evidence; 2.) the present complaint be RE-DOCKETED as a regular administrative matter against respondents Atty. Jessibel M. Pablo-Driessen, Clerk of Court VI, Vicente B. Angcon, Jr., Sheriff IV, Branch 19, and Jimelito O. Babor, Sheriff IV, Office of the Clerk of Court, all of the Regional Trial Court, Pagadian City, Zamboanga Del Sur; 3.) respondent Atty. Pablo-Driessen be found GUILTY of Simple Neglect of Duty in the Performance or Non-Performance of Official Functions and be FINED in the sum of PHP 18,000.00 payable within three months from the time the decision or resolution is promulgated. If unpaid, such amount shall be deducted from her accrued leave credits; 4.) respondents Angcon, Jr. and Babor be found GUILTY of Simple Misconduct constituting violations of the Code of Conduct for Court Personnel and be FINED in the amount of PHP 18,000.00 each payable within three months from the time the decision or resolution is promulgated. If unpaid, such amount shall be deducted from their retirement benefits including their accrued leave credits[.] [68] The issue for this Court's resolution is whether respondents Atty. Jessibel M. Pablo-Driessen, Sheriff Vicente B. Angcon, Jr., Sheriff Jimelito O. Babor, and Mr. Dax S. Suarin are guilty of grave misconduct or gross dishonesty. The Complaint, Comments, and Reply; the November 21, 2022 Report and the March 27, 2023 Amended Investigation [69] of Executive Judge Vicoy; and the June 25, 2024 Report of the Judicial Integrity Board are all noted. Furthermore, the present Complaint is re-docketed as a regular administrative matter against respondents. Moreover, this Court adopts and approves the findings of fact of the Judicial Integrity Board but modifies its conclusions of law. Respondent Atty. Pablo-Driessen and Suarin are found guilty of simple neglect of duty. As for Sheriff Angcon, Jr., he is found guilty of grave misconduct, whereas Sheriff Babor is found guilty of simple misconduct. A.M. No. 99-10-05-0, aptly titled "Procedure in Extra-Judicial Foreclosure of Mortgage," clearly outlines the duties of clerks of court and sheriffs in extrajudicial foreclosures. The provisions of A.M. No. 99-10-05-0 relevant to this case are reproduced below for easy reference: A.M. No. 99-10-05-0 PROCEDURE IN EXTRA-JUDICIAL FORECLOSURE OF MORTGAGE (AS FURTHER AMENDED, AUGUST 7, 2001) In line with the responsibility of an Executive Judge under Administrative Order No. 6, dated June 30, 1975, for the management of courts within his administrative area, included in which is the task of supervising directly the work of the Clerk of Court, who is also the Ex-Officio Sheriff, and his staff, and the issuance of commissions to notaries public and enf