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Wilson Tan vs Jose Dael, Dep Sheriff, RTC Br 36

WILSON B. TAN, complainant, vs. JOSE A. DAEL, Deputy Sheriff, Regional Trial Court of Dumaguete City (Branch 36), respondent.

A.M. No. P-00-1392 | 2000-07-13

D E C I S I O N

PANGANIBAN, J.:

A sheriff must observe the rules for executing a writ. Any act deviating from the procedures laid down by this Court is considered a misconduct that would warrant disciplinary action.

The Case and the Facts

On September 22, 1997, the Office of the Court Administrator (OCA) received a letter-complaint from Dr. Wilson B. Tan accusing Deputy Sheriff Jose A. Dael1 [Regional Trial Court of Dumaguete City, Branch 36.] of misappropriating the money collected in Civil Case No. 96-147. Dr. Tan narrated:

"Pursuant to the Writ of Execution dated August 21, 1996 issued by Branch Clerk of Court Eugene D. Salon of...