A.M. No. P-09-2644 (Formerly OCA IPI No. 08-2787-P) - EDGARDO A. QUILO, COMPLAINANT, VS. ROGELIO G. JUNDARINO, SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 19, MANILA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the appealed judgment is hereby AFFIRMED but MODIFIED to read, thus: WHEREFORE, Judgment is hereby rendered in favor of [Bajao] ordering [Saclag, et al. ] and all persons claiming rights under them: a) to vacate the premises located at 2519 Granate St. , Sta.Ana, Manila and surrender possession thereof to [Bajao]; b) to demolish all structures built on the parcel of land; c) to pay [Bajao] the sum of P20,000.00 for attorney's fees; and d) to pay the cost of suit. [Saclag, et al .'s] counterclaim is denied for lack of merit. [3] (Emphasis ours.) Once again, Saclag, et al . sought relief from the Court of Appeals by filing an appeal, docketed as CA-G.R. SP No. 55448. In a Resolution dated 26 November 1999, the Court of Appeals denied the appeal of Saclag, et al ., for having been filed out of time. The Court of Appeals similarly denied the Motion for Reconsideration of Saclag, et al., in its Resolution dated 13 July 1998. Refusing to give up, Saclag, et al ., filed an appeal before this Court, docketed as G.R. No. 142592. However, this Court denied the appeal in a Resolution dated 14 June 2000, for failure of Saclag, et al ., to show that any reversible error had been committed by the Court of Appeals. The 14 June 2000 Resolution of this Court, denying the appeal of Saclag, et al ., in G.R. No. 142592, became final and executory on 28 July 2000, and was accordingly recorded in the Book of Entries of Judgments. Upon Bajao's motion, a Writ of Execution was issued by MeTC Judge Felicitas O. Laron-Cacanindin (Judge Cacanindin) on 28 November 2007. The writ commanded the MeTC Sheriff: 1. to cause the immediate surrender of the physical possession of the subject premises located at 2519 Granate St., Sta.Ana , Manila by the defendants [Saclag, et al. ] and all persons claiming rights under them and turn-over the peaceful possession of the same to the plaintiff [Bajao]; 2. to demolish all structures built on the parcel of land subject thereon; 3. that of the goods and chattels of the defendants [Saclag, et al .], you cause to be made the sum of P20,000.00 for and as attorney's fees; 4. plus costs, together with your lawful fees for the service of this execution and that you render the same to the plaintiff [Bajao] aside from your own fees on this execution. [4] (Emphasis ours.) It was in implementing the aforementioned Writ of Execution in Civil Case No. 158273-CV that Sheriff Jundarino's path crossed Quilo's. On 9 April 2008, Quilo filed a Complaint before the Office of the Court Administrator (OCA) charging Sheriff Jundarino with Grave Misconduct, Oppression, Coercion, and Harassment, docketed as A.M. No. MTJ-08-2787. Quilo made the following allegations in his Complaint: Na noong ika-12 ng Pebrero 2008, sa pagitan ng alas-10:00 at alas 11:00 ng umaga ang nabanggit na si Sheriff Rogelio Jundarino kasama ang isang pang Sheriff ng MeTC Branch 19 na hindi nagpakilala ay nagtungo sa aming tirahan sa 2518 Granate St.., San Andres Bukid, Maynila dal