Sheriff retains respondent’s attached TV despite demand; Not mere forgetfulness

The circumstances of this case as well as the irregular actuations of the respondent reveal that it this is not a case of simple forgetfulness. In the affidavit of Mr. Edwin Carreon, Collection Assistant of Accord Loans, Inc., it was stated that their company learned of the levy made by the respondent from the Spouses Nunez sometime in May 1994, but Deputy Sheriff Gonzales failed to inform their office regarding the matter and likewise "failed to produce the goods he seized from Spouses Nunez and/or to give the value thereof." This administrative complaint was sworn to by Mrs. Bernardita Chua on July 20, 1994. Respondent avers, however, that he remembered the writ of execution only when he received a copy of the administrative complaint on September 28, 1994. The assertion of the complainant deserves weight when she stated in her affidavit-complaint that previous demands were made upon the respondent for the delivery of the TV set or its value that this is the standard operating procedure in their kind of business. Hence, while respondent had more than one (1) month to produce the television set under the rules, he did not undertake the delivery, thus evincing a deliberate attempt on his part to retain the appliance for his own benefit. [A.M. No. P-94-1063. December 17, 1996]