SC Dismisses Sheriff for Neglect of Duty

March 13, 2025   

The Supreme Court (SC) emphasized that sheriffs, when serving the court’s writs and processes and implementing its orders, must perform their duties with the utmost care and diligence, as any mistake affects the administration of justice.

In a Decision written by Senior Associate Justice Marvic M.V.F. Leonen, the SC En Banc dismissed Vicente S. Sicat, Jr. (Sicat) for repeatedly failing to properly perform his duties as Sheriff in the Office of the Clerk of Court of the Regional Trial Court, Angeles City, Pampanga.

The case against Sicat stemmed from his handling of a writ of execution in a case involving the Anti-Bouncing Check Law.  The Municipal Circuit Trial Court had ordered him to seize and sell the properties of Bernadette Mullet Potts (Potts) to satisfy a judgment.  However, complainant Ricky Hao Monion (Monion) alleged that Sicat improperly submitted a Notice to Lift the Levy on Potts’ real properties to the Register of Deeds (RD) without a court order.  This led to the cancellation of the levy, allowing Potts to transfer the property to another person.

The Office of the Court Administrator (OCA) found Sicat negligent and recommended his dismissal, noting that he had already been found liable in six prior administrative cases.

The SC agreed, stressing that sheriffs must strictly adhere to procedural rules to ensure the proper enforcement of court orders.  Any deviation from these procedures can undermine the administration of justice and warrants disciplinary action.

Under Rule 39 of the Rules of Court, a levy on a property can only be lifted through proper court proceedings.  Sicat violated this rule when he issued the notice to lift and discharge the levy without the proper court order.  His failure to follow procedure makes him administratively liable for simple neglect of duty, a less serious charge carrying a penalty of suspension from office.

However, given his long history of administrative infractions over his 40-year career in the Judiciary, the SC imposed the ultimate penalty – dismissal from service.

“The Court will not shy from ridding its ranks of court employees ‘who undermine its efforts towards an effective and efficient administration of justice.’  In this case, [Sicat]’s deplorable track record in the Judiciary reveals a pattern of unwillingness to reform, deeming it worthy of the gravest penalty.”

In his Separate Concurring Opinion, Associate Justice Antonio T. Kho, Jr. agreed with the dismissal but argued that Sicat should have been liable for gross neglect of duty rather than simple neglect.  (Courtesy of the SC Office of the Spokesperson)         

This press release is prepared for members of the media and the general public by the SC Office of the Spokesperson as a simplified summary of the SC’s Decision. For the SC’s complete discussion of the case, please read the full text of the Decision in A.M. No. P-24-121 (Monion v. Sicat, July 30, 2024) at: https://sc.judiciary.gov.ph/p-24-121-ricky-hao-monion-vs-vicente-s-sicat-jr-sheriff-iv-office-of-the-clerk-of-court-regional-trial-court-angeles-city-pampanga/.