CEBU, Philippines - A court sheriff in Cebu City was dismissed from the service after he was found guilty of gross neglect of duty and gross inefficiency in the performance of duty by the Supreme Court.
The SC en banc ordered the dismissal of Sheriff III Aniceto Boyles of the Municipal Trial Court in Cities (MTCC), Branch 2 in Cebu City. The high tribunal likewise ordered the forfeiture of all his retirement benefits and with prejudice to re-employment in any branch or instrumentality of the government including government-owned and controlled corporations.
The SC, however, allowed him to receive his accrued leave credits.
Boyles was found guilty of the administrative charges because of his alleged failure to implement a writ of demolition within the prescribed period, disregarding the rules of execution. He also failed to make periodic reports. The case stemmed from a complaint filed by Teresita Boylon against Boyles for neglect of duty.
Boylon said she is the daughter of Asuncion Guerrero, the plaintiff of a civil case filed before MTCC Branch 2. On behalf of her mother, she moved to implement the final and executory decision of the civil case which the court issued a writ and assigned it to Boyles.
She said Boyles did not show up twice during the scheduled demolition of the illegal structures on their property in 2005. The respondent offered varied excuses to justify his non-appearances.
Boylon said in 2006 and in the first quarter of 2007, the writ remained un-served and because of the delay of the implementation of the writ, she already asked the court’s intervention prompting Boyles to serve the writ.
Boyles however assigned a certain Manuel Tipgos to serve the writ for him. Boyles denied the complaint and moved for its dismissal.
He said they tried to serve the notice in January 18, 2007 but the gates of the property were locked and no one answered their calls prompting him to request Tipgos, who is not a party to the civil case to deliver the notices to his neighbors. — (FREEMAN)