Respondents justification that his co sheriffs died

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Respondent’s justification that his co -sheriffs died in 2005 and 2006 does not merit consideration since the directive was issued as early as 2003 long before their deaths. Besides, the order to submit the subject documents was directed to him and not to the other sheriffs. Neither can the Court accept the reason that “he is not i n a position to have the documents be submitted” nor that his job “is only to docket the foreclosure as filed . . . and to collect the docket fees and sheriff’s commission after the auction sale and forward the same (application for extra judicial foreclosure) to the Honorable Executive Judge . . . “ As Clerk of Court and Ex -officio Provincial Sheriff, respondent is tasked to assist in the raffle of application for extra- judicial foreclosure; presumed to know that notice of extra-judicial foreclosure shall be raffled to accredited newspapers for publication; and expected to keep a record thereof. In the Decision of the Court, finding respondent guilty of dereliction of duty, gross neglect, insubordination and violation of the Code of Professional Responsibility, it stressed the duties of respondent as a lawyer and employee of the court, thus: Respondent, as a lawyer and an employee of the court, ought to know the requirements in and the importance of disturbing notices for publication. And he is expected to keep his own record of the
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POLITICAL LAW CASE DIGESTS 81 application for extra-judicial foreclosure and the minutes of the raffle thereof so he can effectively assist the judge in the performance of his functions. It is incumbent upon him to help the judge devise an efficient recording and filing system in the court so that no disorderliness can affect the flow of cases, particularly foreclosure cases, and their speedy disposition. That all efforts should be addressed towards maintaining public confidence in the courts can never be overemphasized. Evidently, respondent, by his failure to comply with the directives of the Court, was remiss in his duty of keeping his own records of applications for foreclosure as well as the minutes of the raffle notices for publication, and of producing them when required if he had kept such records in his possession. In both situation, respondent’s actions constitute grave misconduct. The Court has consistently held that it is the sacred duty of everyone charged with the dispensation of justice, from the judge to the lowliest clerk, to maintain the courts’ good name and standing as true temples of justice. Their conduct at all times must not only be characterized with propriety and decorum, but above all else, must be above suspicion. Thus, there ought to be no compunction to punish anyone who brings or threatens to bring disgrace to the judiciary and to weed them out from the service if necessary.
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  • Winter '15
  • Atty. Ignacio
  • Candide

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