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OCA v. Fuentes III
OCA v. Fuentes III
SYLLABUS
DECISION
PER CURIAM : p
In an Order, 6 dated April 5, 1994 , the lower court granted Tessie Amadeo's motion
for the issuance of a writ of execution against the DPWH, to satisfy her unpaid claim. The
Order was received by DPWH (Regional XI) through its Legal O cer, Atty. Warelito
Cartagena. DPWH's counsel, the O ce of the Solicitor General, received its copy of the
order only on May 10, 1994. 7
On April 6, 1994, Clerk of Court Rogelio Fabro issued the corresponding Writ of
Execution. 8 On April 15, 1994, the writ was served by respondent Sheriff Paralisan to
the DPWH-Region XI (Legal Services) through William Nagar. 9
On May 3, 1994, respondent Sheriff Paralisan issued a Notice of Levy, 10
addressed to the Regional Director of the DPWH, Davao City, describing the properties
subject of the levy as follows:
"DESCRIPTION OF PERSONAL PROPERTIES
"All scrap iron/junks (sic) found in the premises of the Department of
Public (Works and) Highways depot at Panacan, Davao City."
On May 10, 1994, the Sheriff's Notice of Sale 1 1 was issued, the full text of which
reads:
"SHERIFF'S NOTICE OF SALE
On May 20, 1994, Alex Bacquial led an ex-parte urgent motion 1 6 for the
issuance of a "break through" order to enable him to effect the withdrawal of the
auctioned properties. The motion was granted by Judge Fuentes on even date. 1 7
On May 21, 1994, a Saturday, Alex Bacquial, assisted by respondent Sheriff
Paralisan, returned to the depot. Armed with the lower court's order, Engr. Alejo was
unable to prevent Mr. Bacquial and his men from hauling the scrap iron/junk equipment in
the depot, including the repairable equipment within the DPWH depot.
Footnotes
1. The Office of the Court Administrator initiated an investigation on the apparent partiality
of respondent Sheriff to the highest bidder in an auction sale of junk/heavy equipment
of the Department of Public Works and Highways held on June 6, 1994. Thereafter, the
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Republic of the Philippines (Department of Public Works and Highways), through the
Office of the Solicitor General, filed the instant administrative complaint. See Rollo, pp.
51-70.
2. Regional Trial Court (Branch XVII), Davao City, presided by Judge Renato A. Fuentes.
3. RTC Decision, dated December 23, 1993; Rollo, p. 103.
4. cf. Letter of Judge Renato Fuentes, dated June 24, 1994, to Deputy Court Administrator
Reynaldo L. Suarez; Rollo, pp. 13-17.
5. See Rollo, p. 112.
6. Ibid., p. 72.
7. Ibid., p. 53.
8. Ibid., p. 25.
9. Ibid., p. 171.
10. Rollo, p. 187.
11. Ibid., p. 186.
12. See Minutes of the auction sale, issued by Sheriff Norberto Paralisan; Rollo, p. 185.
13. See Rollo, p. 84; Affidavit of Ernesto Lacuesta, Chief of the Planning and Control
Section, Regional Equipment Services, Panacan, Davao City.
14. Rollo, p. 78.
15. Affidavit of Ernesto Lacuesta, supra.
16. Rollo, p. 196.
17. Order, dated May 20, 1994; Rollo, p. 102.