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 high court adopted the findings of the Judicial Integrity Board (JIB) that Christopher Perez, Sheriff 4 of Regional Trial Court (RTC) 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 (MTCC) in Olongapo City he punched her twice in the right forearm, resulting in some bruising.
When asked for his comment on March 2, 2020, Sheriff 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 (OCA), but Sheriff 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 Supreme Court adopted the factual findings of the JIB, but modified Perez's administrative liability.
Reiterating its 2004 ruling in Alcaraz vs Lindo, the high tribunal 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 Supreme Court concluded that Perez indeed inflicted bodily harm upon Hanif and is hence guilty of grave abuse of authority.
The high 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 Supreme Court thus imposed on Sheriff 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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