|
Sunday, April 22, 2007
Court sheriff told: Pay P20T
CEBU CITY – A Cebu City court official was suspended for a year for his alleged “overzealousness” to carry out the demolition of a private property.
Edmundo Barriga of the Municipal Trial Court in Cities (MTCC) was also fined P20,000, with a “stern warning” that a similar offense will be dealt with more severely in the future.
Pinoy Votes: Sun.Star Election 2007 Coverage
“We are not included to impose the extreme penalty of dismissal from service in view of respondent’s 33 years of government service,” the Supreme Court (SC) said in the ruling promulgated by the High Court’s 1st Division, chaired by Chief Justice Reynato Puno, last Thursday.
The penalty against Barriga stemmed from two civil cases filed before the MTCC and the RTC.
The first case was for unlawful detainer filed by one Florentina Kintanar against her lessees, complainants Pedro, Eustaquia and Teresita Salazar, for failure to pay rental.
The second was a civil suit the Salazars filed for quieting of title on the ground that they owned the leased property, not Kintanar.
After trial on the first case, the MTCC ordered the Salazars to leave the premises. The order was appealed but upheld, resulting in the issuance of a writ of demolition.
The RTC, on the other hand, issued a temporary restraining order against the writ. But, after a hearing, the RTC decided to recall it.
The Salazars said Barriga, without waiting for an official copy of the RTC order, allegedly went to their house and informed them that he was demolishing the place for Kintanar, who allegedly promised him P30,000 for the job.
Barriga left his cellular phone number and told them he would spare them for P50,000.
The Salazars, instead of paying up, filed a motion before the RTC as a last-ditch effort to stay the demolition.
They got a temporary reprieve.
However, Barriga allegedly demolished the structure after having been told that the court stopped the demolition.
Barriga, during the investigation, denied the allegations and said his carrying out of the demolition was ministerial because a writ had been issued.
He added that he would not risk his 33 years in government for P50,000.
The High Court endorsed the matter to RTC Judge Simeon Dumudm for investigation. Dumdum submitted a report and said Barriga should have stopped the demolition when told that the writ given to him for implementation had been superseded.
“The prudent and humane thing would have been to give time to the complainants to produce the temporary restraining order before proceeding with the demolition,” Dumdum said.
Dumdum found Barriga guilty of grave misconduct and recommended his dismissal from service.
This recommendation was given to the Office of the Court Administrator who initially overturned it and moved to dismiss the complaint for lack of merit.
But the High Court agreed with Dumdum instead.
“His (Barriga’s) behavior of precipitately demolishing complainant’s property despite being informed of the RTC’s omnibus order enjoining the demolition manifested utter lack of circumspection or good sense,” the High Court said.
“Respondent’s conduct likewise bolstered complainant’s allegation that he received money from Kintanar. His over-zealousness to carry out the writ was unusual and could only be interpreted as a complete capitulation to Kintanar’s wishes, not a faithful adherence to the MTCC’s order,” the Supreme Court added. (Karlon N. Rama)For more Philippine news, visit Sun.Star General Santos. (April 22, 2007 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
Families of 6 decapitated hostages get support