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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.M. No. P-11-2896 [Formerly OCA I.P.I. No. 08-2977-P] : August 02, 2011]

PROSERPINA V. ANICO, COMPLAINANT, VS. EMERSON B. PILIPIÑA, SHERIFF IV, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, MANILA, RESPONDENT.

D E C I S I O N


PER CURIAM:

Before us is an administrative complaint dated September 4, 2008, filed by Proserpina V. Anico against Sheriff Emerson B. Pilipiña, Sheriff IV, Office of the Clerk of Court, Regional Trial Court, Manila, for extortion and neglect of duty.

The facts, as culled from the records, are as follows:

Complainant is one of the plaintiffs in a civil case, docketed as Civil Case No. 02-27454 entitled Ariel Anico and Spouses Arthur and Proserpina Anico v. Robin J. Taguinod and Jerome T. Cayabyab, for collection of sum of money, specific performance and damages.

On September 16, 2004, a Decision was issued favoring plaintiffs, including herein complainant.  On August 10, 2007, a Writ of Execution was issued for the implementation of said decision.  On August 13, 2007, the writ was forwarded to the Office of the Clerk of Court, RTC, Manila and was assigned to respondent sheriff for execution.

Complainant recalled that sometime in September 2007, she called respondent and inquired the status of the execution. In response, complainant alleged that respondent sheriff demanded the amount of P5,000.00 to defray his expenses in the implementation of the writ.  She claimed that she had no money at hand, thus, she informed respondent that she could only give P3,000.00.  Respondent sheriff consented. Complainant's sister-in-law, Filipinas N. Villasis, then personally gave the amount of P3,000.00  to respondent at his office.

In April 2008, complainant made another follow-up on the status of the writ since the same remained unimplemented. She claimed respondent again demanded the amount of P2,000.00, allegedly to defray his gasoline expenses. Complainant immediately sent the money via Kuarta Padala
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