THE Supreme Court penalized a court sheriff from Cebu City for failing to make an inventory of the properties to be levied in 2014.
The SC’s First Division found Eugenio E. Fuentes Jr., of the Office of the Clerk of Court, guilty of simple neglect of duty.
The High Court ordered Fuentes to pay a fine equivalent to one month’s salary, which would take effect when the decision becomes final and executory.
“Such inability or failure on the part of the respondent, though committed evidently through inadvertence, lack of attention, or carelessness, amounts to simple neglect of duty,” read the SC decision penned by Associate Justice Mariano del Castillo.
The case stemmed from the complaint filed by Venerando Olandria, who accused Fuentes of grave misconduct, gross dereliction of duty and gross ignorance of the law before the high court.
Olandria, one of the defendants in a civil case for a sum of money and the issuance of a writ of attachment filed by a petroleum company, questioned Fuentes’ action in the enforcement of a writ of attachment.
The Regional Trial Court Branch 7 in Cebu City later issued a writ of preliminary attachment and designated Fuentes to enforce the writ.
The sheriff eventually attached to the writ Olandria’s seven gasoline stations and reportedly withdrew several things attached to gas stations.
Olandria later asked the trial court judge to appoint another sheriff saying his business interest could not be protected by Fuentes, but the same was denied.
He then filed a motion to require Fuentes to conduct an inventory of the attached properties.
Replying to the charges, Fuentes said that he did not lose control over the attached properties because the security guards were posted at the gasoline stations and effectively guarded the properties.
As a standard operating practice in the attachment of properties like gasoline stations, Fuentes said that security guards were posted. (GMD)