SECOND DIVISION
[A.M. No. P-14-3249. August 4, 2014.]
TOMAS R. LEONIDAS, petitioner,vs. GERRY SUMACULUB, CLERK OF COURT VII, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, ILOILO CITY, ILOILO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated04 August 2014which reads as follows: HTcADC
"A.M. No. P-14-3249 [Formerly OCA IPI No. 13-4150-P] (Tomas R. Leonidas vs. Gerry Sumaculub, Clerk of Court VII, Office of the Clerk of Court, Regional Trial Court, Iloilo City, Iloilo). — Acting on the (1) sworn complaint dated 6 August 2013 filed by Tomas R. Leonidas against Gerry D. Sumaculub, Clerk of Court VII, Office of the Clerk of Court-Regional Trial Court (OCC-RTC), Iloilo City, Iloilo for gross negligence, dereliction of duty and insubordination relative to Civil Case No. 27962 entitled, "Ofelia Leonidas, et al. vs. Department of Agrarian Reform, et al." for the determination of the just compensation of the parcels of land expropriated by the government, and (2) comment dated 16 October 2013 of respondent Clerk of Court, and considering that there is sufficient evidence to hold Ex-Officio Sheriff Sumaculub administratively liable for neglect of duty for failing to enforce the writ of execution issued by the trial court, as he failed to make a return on the writ's implementation from the time the records of Civil Case No. 27962 were received by the OCC-RTC, Iloilo City, Iloilo on 2 September 2009, and as shown in his comment wherein respondent admitted that he has not made a return because of his other pressing duties in the OCC-RTC, and considering further that under Rule 10, paragraph (d) of the Revised Rules on Administrative Cases in the Civil Service, simple neglect of duty is classified as a less grave offense which carries the penalty of suspension for one (1) month and one (1) day to six (6) months for the first offense and dismissal for the second offense; that, however, to avert any undue adverse effect on public service if respondent Ex-Officio Sheriff is suspended, so that respondent can still continue to carry out his assigned duties, the Court resolves to:
1. RE-DOCKET the instant administrative complaint against Gerry D. Sumaculub, Clerk of Court VII, Acting as Ex-Officio Sheriff, OCC-RTC, Iloilo City, Iloilo as a regular administrative matter;
2. FIND respondent Ex-Officio Sheriff Sumaculub GUILTY of Simple Neglect of Duty, and accordingly, IMPOSE upon him a FINE in the amount of Five Thousand Pesos (P5,000.00), payable within thirty (30) days from receipt of notice, with a STERN WARNING that a repetition of the same offense shall be dealt with severely by the Court; and
3. DIRECT respondent Ex-Officio Sheriff Sumaculub to ENSURE the full implementation of the Writ of Execution issued in Civil Case No. 27962.
The Court NOTES the Report dated 21 May 2014 of the Office of the Court Administrator."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court