FIRST DIVISION
A.M. No. P-11-2992 (Formerly A.M. No. 11-8-156-RTC), November 09, 2015
OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ROGER D. COREA, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 39, POLOMOLOK, SOUTH COTOBATO, Respondent.
D E C I S I O N
LEONARDO-DE CASTRO, J.:
The instant administrative complaint arose from a Letter1 dated July 15, 2009 of Elsie D. Lansang (Elsie), General Manager of the Rural Bank of Polomolok, bringing to the attention of the Supreme Court that Sheriff Roger D. Corea (Sheriff Corea) of the Regional Trial Court, Polomolok, South Cotabato, Branch 39 (RTC-Branch 39), issued to the Bank a Billing Statement2 dated June 30, 2009 which reads:chanRoblesvirtualLawlibrary
Respectfully submitting the herein billing of Sheriff service fee and other incidental expenses incurable in your application of foreclosure in EJF Case No. 11-09 & 12-09, in the amount of SIX THOUSAND PESOS (P6,000.00), chargeable to the account of the mortgagors, copy of the Notices are hereto attached for your perusal, to wit;
EJF CASE NO. 11-09 P3.000.00 EJF CASE NO. 12-09 3,000.00 P6,000.00
Your kind consideration and immediate approval upon receipt is highly appreciated.cralawlawlibrary
In compliance with the Resolution of the Honorable First Division of the Supreme Court dated 13 August 2012, the undersigned tried to conduct an investigation by contacting [Elsie] thru her stepson for her to clarify the complaint particularly the counter allegation by [Sheriff Corea] found in the records of the case that the amount of THREE THOUSAND (P3,000.00) PESOS billed for each case is subject to the approval of the bank thru its officers particularly [Elsie]. Several invitations were made but [Elsie] failed to appear allegedly due to very tight schedule brought about by the almost daily brown-outs in addition to [Elsie's] slow phase brought about by her advance age.
On the other hand, undersigned also had difficulty scheduling a meeting with both parties due to brown-outs experienced not only by the City of General Santos but also the Provinces of South Cotobato and Sarangani, hence, the need to prioritize the cases of the Regional Trial Court, Branch 35 and those being handled by the Sarangani Justice on Wheels which is also presided by yours truly.
However, a talk with some of the sheriffs in General Santos City reveals that they do not normally bill the parties. All that they do when it is necessary to make a budget like in cases of demolition is to prepare an estimate but leaves it to the party/representative to handle the funds and make the necessary disbursements. With respect to Extra-Judicial Foreclosure, they normally receive at the instance of the client like the "Balikatan" a fixed amount of EIGHT HUNDRED (P800.00) PESOS regardless of distance. Allegedly, they do not ask from the parties but it had been the habit of the parties thru counsels to give the above-said amount.
To the mind of the undersigned, it is not proper for a sheriff to bill a party an amount which is more than what is necessary to perform his duties and responsibilities. Even granting that the bill is subject to the approval of the party, no party will ever deny it at the risk of the sheriff delaying the implementation of the Extra-Judicial Foreclosure proceedings.
A bill might be proper only after completing the task but only for the reimbursement of reasonable actual expenses duly supported with official receipts.
For billing the party a fixed/standard amount, Sheriff Corea should be, at least, admonished or reprimanded since based on his claims as contained in the records of the case, he was not able to satisfactorily justify why he billed [Elsie] for his services at a standard rate. The reasoning that it is subject to the approval of [Elsie] is, to the undersigned, not acceptable.
To avoid similar situations, undersigned hereby recommends that a petty cash fund be maintained and Sheriffs shall be allowed to make cash advances from the Office of the Clerk of Court for expenses necessary in the performance of their duties and responsibilities in such an amount deemed reasonable by the Clerk of Court or the Executive Judge subject to liquidation. Failure to liquidate a prior cash advance will disqualify the sheriff to request for another cash advance. The party shall then be required to pay for the actual expenses directly to the court's cashier/cash clerk and accordingly issued a receipt. As an alternative, the party shall be required to make a deposit to the Office of the Clerk of Court to be released as cash advance to be immediately liquidated by the sheriff. Any excess amount shall be returned by the sheriff to the cashier who in turn shall return the same to the party making the deposit subject to regular accounting and auditing procedures. Of course, sheriffs who fail to immediately liquidate and return any excess amount shall be subject to disciplinary action.9cralawlawlibrary
IN VIEW OF THE FOREGOING, it is respectfully recommended for the consideration of the Court that Roger D. Corea, Sheriff IV, Regional Trial Court, Branch 39, Polomolok, South Cotabato be found GUILTY of conduct prejudicial to the best interest of the service and be FINED in the amount of Five Thousand Pesos (P5,000.00), payable within a NON-EXTENDIBLE period of thirty (30) days from notice.11cralawlawlibrary
Sec. 2. Upon receipt of the application, the Clerk of Court shall:chanRoblesvirtualLawlibrary
x x x xCooperatives, thrift banks, and rural banks are not exempt from the payment of filing fees and other fees under these guidelines (A.M. No. 98-9-280-RTC, September 29, 1998; A.M. No. 99-3-93-RTC, April 20, 1999; and A.M. No. 92-9-408-0).16 (Emphasis supplied.)
- For the conduct of extra-judicial foreclosure of real estate or chattel mortgage under the direction of the sheriff, collect the appropriate filing fees and issue the corresponding official receipt pursuant to the following schedule:chanRoblesvirtualLawlibrary
If the amount of the indebtedness or the mortgagee's claim is:chanRoblesvirtualLawlibrary
(1) Less than P50.000.00................................................................................... P550.00 (2) P50,000.00 or more but less than P100.000.00............................................. 800.00 (3) P100,000.00 or more but less than P150,000.00............................................. 1,000.00 (4) P150,000.00 or more but less than P200,000.00............................................ 1,300.00 (5) P200,000.00 or more but less than P250,000.00............................................. 2,000.00 (6) P250.000.00 or more but less than P300.000.00........................................... 2,500.00 (7) P300,000.00 or more but less than P400,000.00............................................ 3,000.00 (8) P400.000.00 or more but less than P500,000.00............................................ 3,500.00 (9) P500,000.00 or more but not more than P1,000,000.000.00........................................................................................ 4,000.00 (10) For each P1,000.00 in excess of P1,000,000.00........................................... 20.00
x x x x
cralawlawlibrary
Sec. 6. After the sale, the Clerk of Court shall collect the appropriate fees pursuant to Sec. 9(1), Rule 141, as amended by A.M. No. 00-2-01-SC, computed on the basis of the amount actually collected by him, which fee shall not exceed P100,000.00 (A.M. No. 99-10-05-0, March 1, 2001 2[d]). The amount paid shall not be subject to a refund even if the foreclosed property is subsequently redeemed.
x x x x
Sec. 9. Upon presentation of the appropriate receipts, the Clerk of Court shall issue and sign the Certificate of Sale, subject to the approval of the Executive Judge or, in the latter's absence, the Vice-Executive Judge. Prior to the issuance of the Certificate of Sale, the Clerk of Court shall, in extra-judicial foreclosure conducted under the direction of the sheriff, collect P300.00 as provided in Section 20(d), Rule 141, as amended, and in extra-judicial foreclosure sales conducted under the direction of a notary public, collect the appropriate fees pursuant to Rule 141, §20(e), which amount shall not exceed PI00,000.00 (Minute Res., A.M. No. 99-10-05-0, August 7, 2001).17 (Emphases supplied.)cralawlawlibrary
Sec. 10. Sheriffs, PROCESS SERVERS and other persons serving processes. -
x x x x
(h) For SERVICES RELATING TO THE POSTING AND PUBLICATION REQUIREMENTS UNDER RULE 39 (EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS) AND IN EXTRAJUDICIAL FORECLOSURE OF MORTGAGE BY SHERIFF OR NOTARY PUBLIC besides the cost of publication, ONE HUNDRED AND FIFTY (P150.00) PESOS;
x x x x
(1) For money collected by him ACTUAL OR CONSTRUCTIVE (WHEN HIGHEST BIDDER IS THE MORTGAGEE AND THERE IS NO ACTUAL COLLECTION OF MONEY) by order, execution, attachment, or any other process, judicial or extrajudicial which shall immediately be turned over to the Clerk of Court, the following sums shall be paid to the clerk of court to wit:chanRoblesvirtualLawlibrary
(1) On the first FOUR THOUSAND (P4,000.00) PESOS, FIVE AND A HALF (5.5%) per centum;
(2) On all sums in excess of FOUR THOUSAND (P4,000.00) PESOS, THREE (3%) per centum;
x x x x
Sec. 21. Other fees. - The following fees shall also be collected by the clerks of the Regional Trial Courts or courts of the first level, as the case may be:chanRoblesvirtualLawlibrary
x x x x
(d) For entries of certificates of sale and final deeds of sale in extra judicial foreclosures of ¦ mortgages, FIVE HUNDRED (P500.00) PESOS[.]cralawlawlibrary
The Court recognizes the fact that sheriffs play a vital role in the administration of justice. In view of their important position, their conduct should always be geared towards maintaining the prestige and integrity of the court. In Escobar Vda. de Lopez v. Luna, the Court explained that sheriffs have the obligation to perform the duties of their office honestly, faithfully and to the best of their abilities. They must always hold inviolate and revitalize the principle that a public office is a public trust. As court personnel, their conduct must be beyond reproach and free from any doubt that may infect the judiciary. They must be careful and proper in their behavior. They must use reasonable skill and diligence in performing their official duties, especially when the rights of individuals may be jeopardized by neglect. They are ranking officers of the court entrusted with a fiduciary role. They perform an important piece in the administration of justice and they are required to discharge their duties with integrity, reasonable dispatch, due care, and circumspection. Anything below the standard is unacceptable. This is because in serving the court's writs and processes and in implementing the orders of the court, sheriffs cannot afford to err without affecting the efficiency of the process of the administration of justice. Sheriffs are at the grassroots of our judicial machinery and are indispensably in close contact with litigants, hence their conduct should be geared towards maintaining the prestige and integrity of the court, for the image of a court of justice is necessarily echoed in the conduct, official or otherwise, of the people who work thereat, from the judge to the least and lowest of the ranks.cralawlawlibrary
Endnotes:
* Per Special Order No. 2261 dated October 28, 2015.
** Per Special Order No. 2260 dated October 28, 2015.
*** Per Raffle dated November 9, 2015.
1Rollo, p. 5.
2 Id. at 6.
3 Id. at 7.
4 Id. at 14-16.
5 Id. at 44.
6 Id. at 61-65.
7 Id. at 69.
8 Id. at 79-81.
9 Id. at 79-80.
10 Id. at 85.
11 Id. at 91.
12 Id. at 92.
13 Id. at 93.
14 Guidelines for the Enforcement of Supreme Court Resolution of December 14, 1999 in Administrative Matter No. 99-10-05-0 (Re: Procedure in Extrajudicial Foreclosure of Mortgages), as Amended by the Resolutions dated January 30, 2001 and August 7, 2001.
15The schedule of filing fees is in accordance with Rule 141, Section 7(c) of the Rules of Court, as revised by A.M. No. 04-2-04-SC, which took effect on August 16, 2004.
16 Circular No. 7-2002, Section 2, p. 2.
17 Id. at 4.
18 Sec. 9. Sheriffs and Other Persons Serving Processes. —
x x x x
(1) For money collected by him by order, execution, attachment, or any other process, judicial or extra-judicial, the following sums, to wit:19 Sec. 20. Other Fees. - The following fees shall also be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:chanRoblesvirtualLawlibrary
- On the first four thousand (P4,000.00) pesos, five (5%) per centum;
- On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) per centum.
x x x x
(d) For applications for and entries of certificates of sale and final deeds of sale in extra-judicial foreclosures of mortgages, three hundred (P300.00) pesos;
20 Sec. 20. Other Fees. - The following fees shall also be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be: xxxx (e) For applications for and certificates of sale in notarial foreclosures:chanRoblesvirtualLawlibrary
1. On the first four thousand (P4,000) pesos, five (5%) percent;
2. On all sums in excess of four thousand (P4,000) pesos, two and one-half (2.5%) percent.
21 669 Phil. 148, 157-158(2011).
22 502 Phil. 305, 313(2005).
23Juguela v. Estacio, 486 Phil. 206, 215-216 (2004).