Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated AUG. 9, 2006

A.M. No. P-03-1711 [formerly OCA I.P.I. No. 02-1452-P] (Pilar Quinto vs. Antolin O. Quizon, Sheriff III, MeTC, Branch 39, Quezon City)

Before the Court is a letter dated August 25, 2003 of the then Executive Judge of the Metropolitan Trial Court (MeTC), Branch 38, Quezon City, Judge Ralph S. Lee recommending the dismissal of the abovecaptioned case against Sheriff Antolin O. Cuizon on the ground that the Court, through its Second Division, initially resolved to refer the case to the Executive Judge of the MeTC of Quezon City for investigation, report and recommendation in the Resolution dated July 7, 2003 but said Resolution was superseded by another Resolution dated August 4, 2003, ordering the dismissal of the complaint against Sheriffs Justiniano Dela Cruz, Jr. and Antolin O. Cuizon upon the recommendation of the Court Administrator. Judge Lee also returned the entire records of the case.

A perusal of the Resolution dated August 4, 2003 reveals that it dismissed the complaint in A.M. No. OCA I.P.I. 02-1451-P filed by one Cristina Q. Eugenio against Sheriffs Justiniano Dela Cruz and Antolin O. Cuizon. The present administrative case is a complaint filed by Pilar Quinto against Sheriff Cuizon in A.M. No. OCA I.P.I. No. 02-1452-P redocketed as A.M. No. P-03-1711. The complaint against Sheriff Dela Cruz, Jr. had been dismissed in the Resolution dated July 7, 2003.

There are conflicting factual issues that should be threshed out in the present case. Complainant averred that one Julio Nasis gave money to the said sheriffs. This was corroborated by his witness in a Sinumpaang Salaysay. Respondent Antolin O. Cuizon denied said allegation in his Comment and submitted an affidavit of Julio Nasis stating that he did not give money to the sheriffs but gave the money directly to the people whom he hired to help in the implementation of the writ of execution.

Foregoing considered, the case is referred back to Executive Judge Maria Filomena D. Singh-Paulite of the Metropolitan Trial Court of Quezon City for investigation, report and recommendation, within ninety (90) days from the receipt of the records.

The Division Clerk of Court is DIRECTED to immediately remand the records of the case to Executive Judge Maria Filomena D. Singh-Paulite.

SO ORDERED.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL

Clerk of Court

First Division