(Eagle News) — The Supreme Court has perpetually disqualified from public office a court sheriff after he was found to have used for personal gain the P10,000 he received for a notice of extrajudicial foreclosure to be published in a newspaper.
The High Court also ordered the retirement benefits and other benefits, except accrued leave credits, of Manuel Gimeno, sheriff IV of Branch 19 of the Cebu Regional Trial Court, forfeited, after he was found guilty of grave misconduct for “misappropriating” the money given to him by the Rural Bank of Talisay Inc. for the notice to be published in Cebu Daily News.
In his defense, Gimeno did not deny receiving the money, and claimed he used the money to pay for the hospital expenses of his mother.
He noted this was the only complaint against him in his 22 years of public service.
But according to the High Court, “(Gimeno’s) actions were clearly tainted with corruption as he received money from complainant in his capacity as sheriff for the RTC…”
“Even if it were true that respondent only used it to pay for the hospital funds of his mother, it cannot be gainsaid that he used his position as sheriff to obtain funds from private persons for his own benefit and to the detriment of the latter,” it said.
The High Court added Gimeno failed to exhibit contriteness after he “continuously failed to make the necessary payments for publications in spite of demands for opportunities for him to correct his wrongdoings.”
“Measured by the exacting standards imposed on court personnel, it is unquestionable that respondent severely failed to uphold what was readily expected of him…Respondent’s length of service does not justify the imposition of a penalty lesser than dismissal from service,” the SC said.