Sheriff loses job for punching litigant

A sheriff who punched a litigant while enforcing a writ of execution has been dismissed by the Supreme Court.

In a per curiam decision, the Supreme Court adopted the findings of the Judicial Integrity Board (JIB) that Christopher T. Perez, Sheriff IV of Branch 74, Regional Trial Court, Olongapo City, Zambales should be penalized for grave abuse of authority and gross insubordination.

Rodalyn Hanif filed a complaint against Perez on 26 November 2019 for inflicting body harm against him.

The complaint claimed that while the Sheriff was implementing the writ of execution issued by the Municipal Trial Court in Cities (MTCC), Olongapo City in the forcible entry case involving Hanif, he punched twice in right forearm, resulting in some bruising.

This was supported by the Medico-Legal Certificate indicating that she suffered “contusion/hematoma 5x4 cm anterior aspect of the right forearm, m/3rd area” and “residual contusion, right infra auricular area, front, no boarders.”

The certificate likewise stated that Hanif was examined and treated at the James L. Gordon Memorial Hospital on 15 November 2019, and needed medical attention for less than nine days.

When asked for his comment on 2 March 2020, Sheriff Perez filed a Motion for Extension to File Comment, seeking an extension of 30 days within which to file.

The request for extension was granted by the Office of the Court Administrator (OCA), but Sheriff Perez failed to submit his comment despite the extension.

The OCA then sent Sheriff Perez a 1st Tracer dated 20 October 2020, reiterating the previous directive for him to submit his comment within five days from receipt of the tracer; otherwise the matter would be submitted to the court. Sheriff Perez failed yet again to submit his comment.

The Judicial Integrity Board (JIB) Acting Executive Director Atty. James D.V. Navarrete recommended that Sheriff Perez be held liable for Simple Misconduct and Insubordination.

It adopted the factual findings of its Acting Executive Director, but increased the recommended penalty to dismissal from the service, holding that the infliction of bodily harm upon Hanif was unjustifiable and constituted grave abuse of authority.

The JIB further found that Sheriff Perez’s failure to submit his comment despite repeated directives from the OCA was tantamount to gross insubordination.

The Court adopted the factual findings of the JIB, but modified Sheriff Perez’s administrative liability.