A.M. NO. P-04-1918 (Formerly OCA I.P.I No. 01-1172-P) - LBC BANK, THRU ITS LEGAL OFFICER ATTY. DORYLENE S. B. YARA, COMPLAINANT, VS. JUAN C. MARQUEZ, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 53, ROSALES, PANGASINAN.R E S O L U T I O N - Supreme Court E-Library

Ruling

accordingly, recommended that the letter-complaint be referred to the Executive Judge of RTC, Urdaneta, Pangasinan for investigation, report and recommendation. [3] As recommended, the Court, in its Resolution of August 19, 2002, referred the letter-complaint to Executive Judge Joven F. Costales of RTC, Urdaneta, Pangasinan. EVIDENCE FOR THE COMPLAINANT: Manolito Casingal, LBC credit investigator, stated in his affidavit, which was taken as his direct testimony, that on May 17, 2001, respondent went to the bank's branch office to inform its officials of the time and place of the scheduled public auction the following day; that respondent proposed to take care of the auction, by providing a dummy bidder, provided that the bank pay him a 5% sheriff's fee based on the amount of the bid; that on May 18, 2001, he, together with Shirley Marie Ortega, the bank's branch manager, went to the municipal hall of Balungao, Pangasinan to participate in the public auction; that it was in the office of the MTC of Balungao, Pangasinan where he prepared the bank's bid in the amount of P285,728.81. Casingal also alleged that, while preparing the bid, respondent reiterated to him his proposal to rig the auction sale. Casingal adds that it was during that time when respondent demanded the amount of P1,000.00 as advance payment for the dummy bidder, but was told that no money is forthcoming. This negative response, according to Casingal, prompted the respondent's retort that, without the dummy bidder, the auction would be considered non-performing and the bank would be forced to republish the notice of the sheriff's sale. Casingal also stated having heard respondent later demanding the reduced amount of P6,000 instead of the 5% of the bank's bid price. When cross-examined, Casingal declared that: It was his first time to experience a public auction conducted by a sheriff, previous auctions having been handled by the bank's legal counsel; A certain Artemio Fulgosino made a formal bid; The bank did not receive any copy of the notice of the sheriff's sale, although it was aware that the auction would be held on May 18, 2001; That the publication fee of the notice of the sheriff's sale in "Country Mail" had been paid by the bank; and That 5% of the bid price of P285,728.81 which respondent was asking amounted to P12,000.00, while the proper sheriff's fee, that is 4% of the first P4,000.00 and 2.5% on all sums in excess of P4,000.00 which they are supposed to pay was only P7,000 more or less. Jacobo Malicdem, LBC controller, testified over-hearing respondent demanding from Mr. Casingal a flat rate of 5% sheriff's fee and of advising the latter - who sought his opinion - to call their credit and collection department in Manila for approval. He also testified on his understanding as to what constitutes the sheriff's fee. Shirley Marie Ortega, LBC branch manager, testified telling respondent, while at the bank's premises in the afternoon of May 17, 2001, that she had no autho