The Supreme Court in Benjamin E. Sanga v. Florencio SJ. Alcantara and Sales T. Bisnar held that sheriffs who demand and receive money from litigants without proper court approval and without issuing official receipts are guilty of grave misconduct. This ruling reinforces the principle that court personnel must adhere to strict standards of honesty and integrity in handling funds related to court processes. Sheriffs are not allowed to receive voluntary payments outside the mandated legal procedures, ensuring transparency and preventing any suspicion of impropriety, thereby safeguarding the integrity of the judicial system.

Extortion Under Oath: When Sheriffs Exploit Their Authority

This case revolves around the administrative complaint filed by Benjamin E. Sanga against Florencio SJ. Alcantara and Sales T. Bisnar, both sheriffs of the Regional Trial Court (RTC) of Morong, Rizal. Sanga accused them of grave misconduct for demanding and receiving money from him without proper documentation or court approval, ostensibly to facilitate the implementation of a Writ of Demolition. Sanga was a legal heir in an ejectment case and had sought the sheriffs’ assistance to execute the writ. The central legal question is whether the sheriffs’ actions constituted a violation of the Rules of Court and warranted disciplinary action.

The narrative begins with Sanga, who inherited an ejectment case from his parents. After securing a Writ of Demolition, he was approached by Alcantara, who estimated the cost of execution at P45,000.00. Sanga paid Alcantara in two installments, receiving only handwritten receipts instead of official ones. Frustrated by the lack of progress, Sanga then sought the help of Bisnar, who also demanded money, eventually receiving P47,500.00, again without official receipts. These payments were meant to cover the initial expenses of the demolition, which never materialized.

The Office of the Court Administrator (OCA) directed Alcantara and Bisnar to respond to the charges. Alcantara admitted to receiving the money but claimed delays were due to a pending motion filed by the defendants and advice from Sanga’s counsel. He stated that he returned P36,000.00 to Sanga after deducting expenses. Bisnar denied the allegations, stating that he was persuaded to take charge of the writ and received P20,000.00 for initial expenses. He cited a typhoon and his hospitalization as reasons for the delay in implementing the writ.

The Supreme Court emphasized the importance of adhering to Section 9, Rule 141 of the Rules of Court, which governs the fees and expenses of sheriffs. This rule mandates that sheriffs must secure prior court approval for estimated expenses, render an accounting of the funds, and issue official receipts for all amounts received. The rule explicitly states:

SEC. 9. Sheriffs and other persons serving processes. — x x x

(l) For money collected by him by order, execution, attachment, or any other process, judicial or extrajudicial, the following sums, to wit;

1. On the first four thousand (P4,000.00) pesos, four (4%) per centum.

2. On all sums in excess of four thousand (P4,000.00) pesos, two (2%) per centum.

In addition to the fees hereinabove fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriff’s expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guard’s fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor.

The Court noted the procedural steps a sheriff must follow, including preparing an estimate of expenses for court approval, depositing the approved amount with the Clerk of Court, and liquidating expenses with any unspent amount refunded. The failure to adhere to these steps constitutes a violation of the Rules.

The Court found that both Alcantara and Bisnar failed to comply with these requirements. They demanded and collected money without securing prior court approval or issuing official receipts. The Court reiterated that sheriffs are prohibited from receiving voluntary payments during their duties, stating:

Sheriffs are not allowed to receive any voluntary payments from parties in the course of the performance of their duties. To do so would be inimical to the best interests of the service, because even assuming arguendo that the payments were indeed given and received in good faith, this fact alone would not dispel the suspicion that such payments were made for less than noble purposes. Corollary to this point, a sheriff cannot just unilaterally demand sums of money from a party-litigant without observing the proper procedural steps; otherwise, such act would amount to dishonesty or extortion.

Furthermore, the issuance of temporary, handwritten receipts was a violation of accounting rules. The Court cited Section 113 of the National Accounting and Auditing Manual, which mandates the immediate issuance of official receipts for any payment received. The actions of Alcantara and Bisnar demonstrated a clear disregard for established procedures and ethical standards.

Given these violations, the Court emphasized the high standards expected of sheriffs as officers of the court. Sheriffs must maintain honesty and integrity, avoiding any appearance of impropriety. The Court referenced Vda. de Abellera v. Dalisay, highlighting the critical role sheriffs play in maintaining the integrity of the judicial system.

At the grassroots of our judicial machinery, sheriffs and deputy sheriffs are indispensably in close contact with the 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 mirrored in the conduct, official or otherwise, of the men and women who work thereat, from the judge to the least and lowest of its personnel; hence, it becomes the imperative sacred duty of each and everyone in the court to maintain its good name and standing as a temple of justice. By the nature of their functions, sheriffs must conduct themselves with propriety and decorum, to be above suspicion. Sheriffs are court officers and, like everyone else in the judiciary, are called upon to discharge their sworn duties with great care and diligence. They cannot afford to err in serving court writs and processes and in implementing court orders lest they undermine the integrity of their office and the efficient administration of justice.

The Court defined misconduct as a transgression of established rules, particularly when it involves corruption or willful intent to violate the law. In this case, the Court found Alcantara and Bisnar guilty of Grave Misconduct because they willfully violated established rules by repeatedly demanding money from the complainant.

The Supreme Court concluded that the respondents’ actions constituted a grave breach of conduct, warranting severe disciplinary action. The Court highlighted the need for court personnel to adhere to high ethical standards to maintain public trust in the judiciary. The Court’s decision serves as a reminder that any behavior diminishing faith in the judiciary will not be tolerated.

The Court explicitly stated that the respondents, Florencio SJ. Alcantara and Sales T. Bisnar, were found guilty of Grave Misconduct and were dismissed from service. This ruling underscores the importance of financial accountability and ethical conduct among court personnel. The Court’s decision ensures the integrity of court processes and reinforces public trust in the judicial system. The decision serves as a warning to court employees who may be tempted to exploit their positions for personal gain.

FAQs

What was the key issue in this case?	The key issue was whether the sheriffs’ actions of demanding and receiving money without proper documentation and court approval constituted grave misconduct. This involved a violation of the Rules of Court and ethical standards for court personnel.
What is Grave Misconduct?	Grave Misconduct is defined as a transgression of established rules, especially when it involves corruption, willful intent to violate the law, or disregard established procedures. It is a serious offense that warrants severe disciplinary action, including dismissal from service.
What does Rule 141 of the Rules of Court say about sheriffs’ fees?	Rule 141, Section 9 of the Rules of Court requires sheriffs to secure prior court approval for estimated expenses, render an accounting of the funds, and issue official receipts for all amounts received. It ensures transparency and accountability in handling funds related to court processes.
Why is issuing official receipts important?	Issuing official receipts is crucial because it provides a formal record of payment, ensuring transparency and accountability. It prevents any suspicion of impropriety and complies with accounting standards, as emphasized in Section 113 of the National Accounting and Auditing Manual.
What are sheriffs expected to do as officers of the court?	Sheriffs are expected to maintain high standards of honesty and integrity, avoiding any appearance of impropriety. They must conduct themselves with propriety and decorum, ensuring they uphold the prestige and integrity of the court.
What happens if sheriffs violate established rules?	If sheriffs violate established rules, especially those concerning financial accountability and ethical conduct, they may face disciplinary actions. Depending on the severity of the violation, they could be suspended or dismissed from service, with forfeiture of retirement benefits.
Can sheriffs receive voluntary payments from litigants?	No, sheriffs are not allowed to receive any voluntary payments from parties in the course of their duties. Such actions are considered inimical to the best interests of the service and could raise suspicions of impropriety or extortion.
What was the Supreme Court’s ruling in this case?	The Supreme Court found Florencio SJ. Alcantara and Sales T. Bisnar guilty of Grave Misconduct and dismissed them from service. This decision underscores the importance of financial accountability and ethical conduct among court personnel.

This case reinforces the judiciary’s commitment to maintaining the highest standards of integrity and accountability among its personnel. The strict enforcement of rules regarding financial transactions ensures public trust in the judicial system and prevents abuse of authority. For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: BENJAMIN E. SANGA VS. FLORENCIO SJ. ALCANTARA AND SALES T. BISNAR, A.M. No. P-09-2657, January 25, 2010