A SHERIFF who inflicted bodily harm on a litigant has been ordered removed from court service by the Supreme Court (SC).
This decision follows the adoption of findings from the Judicial Integrity Board (JIB), which recommended penalties against Christopher T. Perez, Sheriff IV of Branch 74, Regional Trial Court, Olongapo City, Zambales, for grave abuse of authority and gross insubordination, as posted on abogado.com
According to records, Rodalyn Hanif filed a complaint against Perez on November 26, 2019, alleging that during the implementation of a writ of execution issued by the Municipal Trial Court in Cities (MTCC), Olongapo City, in a forcible entry case, Perez punched her twice in the forearm, resulting in bruises.
A Medico-Legal Certificate confirmed Hanif’s injuries, indicating contusions and hematomas on her forearm and infra-auricular area.
Despite extensions, Perez failed to submit his comment to the Office of the Court Administrator (OCA) regarding the allegations against him.
Following an investigation, the JIB found Perez guilty of Simple Misconduct and Insubordination, recommending his dismissal from service.
The board noted the unjustifiable nature of the bodily harm inflicted on Hanif, which constituted grave abuse of authority.
The SC, adopting the JIB’s findings, cited the principle established in Alcaraz v. Lindo (2004), which ruled that silence in response to charges, especially when given the opportunity to deny, amounts to admission.
In this case, Perez’s failure to submit a comment regarding the allegations against him further implicated his guilt.
The SC concluded that Perez’s actions constituted grave abuse of authority, defined as the wrongful infliction of bodily harm under the color of office by a public officer.
It cited the obligation of sheriffs, as outlined in Garlan v. Sigales (2019), to execute their duties without resorting to unnecessary violence and oppression.
Consequently, the SC imposed the penalties of dismissal from service for grave abuse of authority and a fine of PHP 110,000 for gross insubordination, taking into account Perez’s history of administrative complaints, which now stands at 10.
