Sheriff Pascua’s assertions of diligence do not exculpate him from administrative liability. After inquiry from the LTO, he already discovered that the vehicle was registered in Yolanda’s name only. This fact should have already prompted Sheriff Pascua to gather more information, such as when Juanito and Yolanda were married and when did Yolanda acquire the vehicle, which, in turn, would have determined whether or not Sheriff Pascua could already presume that the said vehicle is conjugal property.
In this case, Sheriff Pascua totally ignored the established procedural rules. Without giving Juanito the opportunity to either pay his obligation under the MTCC judgment in cash, certified bank check, or any other mode of payment acceptable to Panganiban; or to choose which of his property may be levied upon to satisfy the same judgment, Sheriff Pascua immediately levied upon the vehicle that belonged to Juanito’s wife, Yolanda.
Sheriff Pascua’s explanation for parking Yolanda’s vehicle at his home garage is just as unacceptable. Granted that it was unsafe to park the vehicle within the court premises, Sheriff Pascua should have kept the said vehicle in a bonded warehouse or sought prior authorization from the MTCC to park the same at another place (Yolanda Leachon Corpuz Vs. Sergio V. Pascua, Sheriff III, Municipal Trial Court in Cities, Trece Martires City, Cavite, A.M. No. P-11-2972. September 28, 2011).
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