Polilio Shipping Lines, Inc. vs. Mariano V. Buquia

Ruling

Accordingly, by reason of this settlement, the scheduled Sheriff Auction Sale on October 5, 2004 was cancelled and reset to October 21, 2004; However, the Branch Manager of Prudential Bank, Navotas Branch, informed them that there was a prior Notice of Garnishment issued by the Court Branch Sheriff and that the amount of P900,000.00 corresponding to the amount of the Manager's Check cannot be withdrawn without lifting the Notice of Garnishment; This prompted the Court Branch Sheriff to serve the said bank a Notice To Deliver The Garnished Amount, in the presence and with conformity of the defendant/depositor; After having been served with a Notice To Deliver The Garnished Amount of P900,000.00, the Branch Manager referred the matter to their Legal Department for Clearance on the delivery of the garnished amount of P900,000.00; The Legal Department approved the delivery and release of the amount of P900,000.00; Before the Manager's Check of P900,000.00 could be issued, our representative, with the conformity of the Sheriff, requested that the Manager's Check of P900,000.00 be made payable to DIVINA S. REMOLLINO, the President of the plaintiff corporation; The Branch Manager sought the advice of their Legal Department and thereafter, informed our representative that it cannot grant the request since it was not stated on the Notice to Deliver the garnished amount that the amount should be payable directly to DIVINA S. REMOLLINO; Thus, the Branch Manager issued a Prudential Bank Manager's Check No. 0000019460 for P900,000.00 payable to the Order of REGIONAL TRIAL COURT, BRANCH 276, MUNTINLUPA CITY thru FELIX FALCOTELO SHERIFF IV; However, the Court Branch Sheriff countered that the check should not be made payable to him; Since the Manager's Check of P900,000.00 was already issued by the bank in the name of the Court thru the implementing Sheriff, our representative adviced the Sheriff that the check be replaced with another check in the name of DIVINA S. REMOLLINO; On October 5, 2004, two (2) of our representatives, FLORIAN T. GALERA and SOFRONIO GONOWON, and the Court Branch Sheriff proceeded to the Land Bank of the Philippines, Muntinlupa Branch to deposit the said Manager's Check of P900,000.00 and to order/purchase a Manager's Check of P900,000.00 payable directly to the plaintiff DIVINA S. REMOLLINO. But, the bank refused since the said check is not directly payable to Sheriff FELIX FALCOTELO but to the RTC, Branch 276, Muntinlupa City; Instead, the bank advice (sic) us to coordinate with the Office of the Clerk of Court of Muntinlupa; The Court Branch Sheriff and our representatives proceeded to the Office of the Clerk of Court of Muntinlupa and adviced our representative to make a report on the incident. [5] On December 2, 2004, the OCA required Falcotelo to file a comment on the letter of Atty. Flores. [6] In his Comment dated December 23, 2004, Falcotelo reiterated his defense that: he had no intention to misappropriate the sum of P900,000.