THE Supreme Court has ordered the dismissal of a court sheriff in Olongapo City for punching a litigant while serving a court order.

In a per curiam decision, the Supreme Court adopted the findings of the Judicial Integrity Board (JIB) that Christopher Perez, Sheriff IV of Regional Trial Court Branch 74 in Olongapo City in Zambales, should be penalized for grave abuse of authority and gross insubordination.

On Nov. 26, 2019, Rodalyn Hanif filed a complaint against Perez alleging that while the sheriff was implementing the writ of execution issued by the Municipal Trial Court in cities in Olongapo City, he punched her twice in the right forearm, resulting in some bruising.

When asked for his comment on March 2, 2020, Perez filed a Motion for Extension to File Comment, seeking an extension of 30 days within which to file.

The request for an extension was granted by the Office of the Court Administrator, but Perez failed to submit his comment despite the extension.

Following an investigation, the JIB recommended that Perez be held liable for simple misconduct and insubordination.

The high court adopted the factual findings of the JIB, but modified Perez's administrative liability.

Reiterating its 2004 ruling in Alcaraz v Lindo, the court stressed that silence is admission if there is a chance to deny, especially if it constitutes one of the principal charges against the respondent.

The court concluded that Perez indeed inflicted bodily harm upon Hanif and is hence guilty of grave abuse of authority.

The Supreme Court said Perez failed to justify the necessity of using force upon Hanif. His actions, which led to Hanif suffering bodily harm and injury, was thus grossly unnecessary, rendering him administratively accountable.

The high court thus imposed on Perez the penalties of dismissal from the service for grave abuse of authority and a fine of P110,000 for gross insubordination, taking into consideration that this is the 10th administrative complaint filed against the sheriff.

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