CASE 2016-0028: PROSECUTOR III LEO C. TABAO VS. SHERIFF IV JOSE P. CABCABIN, ETC. (A.M. NO. P-16-3437. 20 APRIL 2016, PERALTA, J.) (SUBJECT/S: NOT SHERIFF’S DUTY TO ACCEPT VOLUNTARY SURRENDER OF ACCUSED)
DISPOSITIVE:
“WHEREFORE, premises considered, the Court finds respondent Sheriff IV Jose P. Cabcabin of the Office of the Clerk of Court, Regional Trial Court, Tacloban City, guilty of Simple Misconduct, and imposes a FINE of Five Thousand Pesos (P5,000.00) to be deducted from his retirement benefits. Let a copy of this decision be attached to his personal records.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
SHERIFF CABCABIN ACCEPTED THE VOLUNTARY SURRENDER OF ACCUSED. WAS HIS ACT PROPER?
NO.
THE DUTY OF A SHERIFF IS TO EXECUTE JUDGMENTS AND ORDERS. IT IS NOT ONE OF HIS DUTIES TO ENTERTAIN THE VOLUNTARY SURRENDER OF AN ACCUSED.
“The duty of a sheriff is to execute judgments and orders of a Court. Perusal of the above-quoted responsibilities pertaining to a Sheriff IV reveals that it is not one of the official duties of respondent to entertain the voluntary surrender of accused Miralles for the purpose of posting cash bond. While the said act of surrendering to respondent is not expressly mentioned, it cannot also be implied from the express duties of a Sheriff IV under the law.”
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