A.M. No. R-181-P Digest

A.M. No. R-181-P, July 31, 1987

Adelio Cruz

vs Quiterio Dalisay

Ponente: Fernan

Facts:

Dalisay, attached and levied the money belonging to complainant Cruz when he was not himself the judgment debtor in the final judgment of NLRC sought to be enforced but rather the company known as "Qualitrans Limousine Service, Inc." a duly registered corporation.

In his comments, Dalisay explained that he is just ding his ministerial duty. While it is true that the writ was addressed to the company, yet Cruz executed an affidavit stating that he is the owner of the company, and because of that, the counsel for the plaintiff advised him to serve notice of garnishment on the Philtrust Bank.

Ruling:

We hold that Dalisay's action calls for disciplinary action, especially for an officer directly connected with the administration of justice and the execution of judgments, must at all times be free from the appearance of impropriety.