This case has been cited 1 times or more.
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2008-06-30 |
TINGA, J, |
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| In the case at bar, the Court finds that respondent sheriff was lackadaisical in the enforcement of the writ of execution in Criminal Case No. 2522. While he did serve the writ on Laura, it appears that he failed to exercise due diligence in determining whether Laura had any other property out of which the decreed obligation could be satisfied. It must be stressed that a judgment, if not executed, would be an empty victory on the part of the prevailing party.[15] Clearly, by his actuations, respondent displayed a conduct falling short of the stringent standards required of court employees. He is guilty of simple neglect of duty, defined as the failure of an employee to give one's attention to a task expected of him, signifying a disregard of a duty resulting from carelessness or indifference.[16] Under the civil service rules and regulations, simple neglect of duty is punishable with suspension of one (1) month and one (1) day for the first offense. However, to prevent any undue adverse effect on public service which would ensue if work was otherwise left unattended by reason of respondent's suspension, the Court deems it wise to impose the penalty of fine instead. Thus, in line with jurisprudence, the Court imposes a fine instead of suspension from service so that respondent can continue to discharge his assigned tasks.[17] | |||||