A.M. NO. P-06-2257 (FORMERLY OCA IPI NO. 01-1212-P) - SPS. ARTHUR AND LEONORA STILGROVE, COMPLAINANTS, VS. CLERK OF COURT ERIBERTO R.SABAS AND SHERIFF III ERNESTO SIMPLICIANO. R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, it could not have been taken cognizance of by the Courts at the time Civil Case Nos. 1311 and 3470 were heard. The relocation survey was not even approved by the Land Registration Authority. Complainants also argued that Article 433 of the New Civil Code which requires resort to judicial process for the recovery of property was not observed when respondents considered valid the alleged claim of encroachment. Likewise, respondents' refusal to accept complainants' affidavit of third-party claim violated Section 16 of Rule 39 of the Rules of Court. Complainants also alleged that Joaquin Montero never appeared before the notary public to sign the Sinumpaang Salaysay dated 23 May 2001 and that the signature of Esther Montero in said affidavit was procured because respondents took advantage of her lack of education. On 25 November 2002, upon the recommendation of the Office of the Court Administrator, the Court referred this administrative matter to the Executive Judge of the Regional Trial Court of Puerto Princesa City for investigation, report and recommendation within sixty (60) days from receipt of the record. [22] On 10 February 2003, Executive Judge Nelia Yap-Fernandez informed the Court that respondent Clerk of Court IV Sabas had already retired from the service on 17 September 2001, and that her office had already taken judicial notice of the death of the other respondent Simpliciano in connection with another administrative matter. [23] This Court referred her letter to the Office of the Court Administrator for evaluation, report and recommendation within five (5) days from receipt of the records. [24] Upon recommendation by Deputy Court Administrator Jose P. Perez in his Memorandum [25] dated 1 October 2003, the Court referred the case back to the Executive Judge of the Regional Trial Court of Puerto Princesa City, Palawan for investigation, report and recommendation within sixty (60) days from receipt of the record. [26] After hearing the testimonies of the witnesses and reception of documentary evidence for both parties, Investigating Judge Nelia Yap-Fernandez dismissed the administrative case against respondent Simpliciano for lack of merit but found respondent Sabas guilty of grave misconduct, abuse of authority and conduct unbecoming of a court personnel. The Report and Recommendation [27] of the investigating judge states: WHEREFORE, this investigating officer respectfully recommends to the Honorable Supreme Court thru the Honorable Court Administrator the forfeiture of respondent Eriberto Sabas' retirement benefits and all other benefits withheld from him pending the resolution of this case, except accrued sick leave and vacation leave credits and the dismissal of the case against deputy sheriff Ernesto Simpliciano for lack of merit. [28] It is worthy to note that the Investigating Judge in her Report and Recommendation, like the Office of the Court Administrator before, did not touch the complaint for violation of Section