KENNETH S. NEELAND, COMPLAINANT, VS. ILDEFONSO M. VILLANUEVA, CLERK OF COURT, REGIONAL TRIAL COURT, BACOLOD CITY, AND NELSON N. ABORDAJE, SHERIFF III, MUNICIPAL TRIAL COURT IN C…

This refers to a motion for reconsideration of the resolution of
the Court promulgated on October 29, 1999, dismissing respondent
Ildefonso M. Villanueva, clerk of court, Regional Trial Court, Bacolod
City from the service and forfeiting all his leave credits and
retirement benefits, if any, with prejudice to reinstatement or
re-employment in any agency, branch or instrumentality of the
government, including government-owned and controlled corporations.

On February 6, 1996, Sugarland Motor Sales placed the highest bid
price in the amount of forty thousand (P40,000.00) pesos for a motor
vehicle owned by Kenneth S. Neeland subject of an auction sale. Sheriff
Nelson N. Abordaje, who conducted the public auction sale, turned over
the amount of twenty thousand (P20,000.00) pesos, representing payment
of the mortgage obligation of Kenneth S. Neeland, to mortgagee Sugarland
Motor Sales. Clerk of Court Ildefonso M. Villanueva, as ex-officio
Provincial Sheriff, issued a certificate of sale conveying the motor
vehicle to Sugarland Motor Sales. However, the balance of twenty
thousand pesos remained unaccounted for and was not turned over to the
mortgagor. Consequently, an administrative complaint was lodged against
Sheriff Abordaje and Clerk of Court Ildefonso M. Villanueva. Not
satisfied with the explanation given by both respondents concerning the
proceeds of the sale, after due hearing, on October 29, 1999, the Court
meted out the penalty of dismissal to both Sheriff Abordaje and Clerk of
Court Villanueva for gross misconduct.

Hence, this motion for reconsideration filed by respondent Villanueva.^[1]

After a review of the records, we note that this is the first
administrative complaint against respondent in his long years of service
with the judiciary. He has also introduced various innovations in
court to increase the efficiency of the employees.

Nevertheless, we remain convinced that respondent was remiss in
his duty in this particular case. It cannot be overlooked that
respondent failed to oversee the rightful turnover of the balance of the
proceeds of auction sale to the corresponding party, and more, the
payment of the sheriff’s commission to the court. He merely signed the
minutes of the sale without ensuring the accuracy of its contents and he
signed the certificate of sale without checking the disposition of the
balance of the proceeds and fees accruing to the court. Respondent must
be held accountable for failure to exercise proper supervision over his
subordinate.^[2]

However, respondent’s lack of previous derogatory record may be considered in his favor. Hence, we reduce the penalty.

WHEREFORE, the Court GRANTS the motion for
reconsideration of respondent Ildefonso M. Villanueva, and SETS ASIDE
the resolution only insofar as it dismisses him from office. He is,
however, held liable for neglect of duty and sentenced to pay a FINE in
the amount of five thousand (P5,000.00) pesos, with warning that a
repetition of the same or similar offense will be dealt with more
severely.

SO ORDERED.

Davide, Jr., C.J., Melo, Puno, Vitug, Kapunan, Mendoza,
Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes,
Ynares-Santiago, and De Leon, Jr., JJ., concur.

Bellosillo, J., on official leave.

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^[1] Dated November 23, 1999, Rollo, pp. 92-118.

^[2] Fabiculana vs. Gadon, 239 SCRA 542 (1994).