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Leo Mendoza Vs. Prospero V. Tablizo

LEO MENDOZA, Complainant, versus PROSPERO V. TABLIZO, CLERK OF COURT VI, REGIONAL TRIAL COURT, VIRAC, CATANDUANES, Respondent.

A.M. No. P-08-2553 (Formerly A.M. OCA IPI No. 98-455-P) | 2009-08-28

D E C I S I O N


PUNO, C.J.:

Complainant Leo Mendoza charged respondent Prospero V. Tablizo, Clerk of Court VI of the Regional Trial Court of Virac, Catanduanes, in his capacity as Ex-Officio Sheriff, with grave misconduct, misfeasance, malfeasance and incompetence in a sworn Letter-Complaint[1] dated 23 April 1998.

Mendoza, as mortgagee, applied for the satisfaction of the loan obligation of mortgagor David Joson in an extrajudicial foreclosure which he filed in February 1998. Mendoza had paid the filing fee and the cost of the publication of the Notice of the Extrajudicial Sale. However, on 10 March 1998, without the knowledge of the...