Professional Documents
Culture Documents
TOPIC:
Date Made:
Digest Maker:
Crim 2
Art 213
eamtrinidad
Mar 3 2016
CASE NAME: Ganaden vs. Bolasco
PONENTE: Makasiar, J.
Case Date: May 16, 1975
Case Summary:
Ganaden, court stenographer, charged Deputy Provincial Sheriff Bolasco
with dishonesty and misconduct with regard to certain civil cases. In the
Flores vs. Frondarina case, respondent received the P12.60 payment for
Sheriffs Fees before the summons to be served were delivered to him for
service, in spite of the standing instruction from the clerk of court and the
provincial sheriff not to accept any payment if no official receipts are
available. Respondent did not issue the official receipt even after he had
received on February 5 or 6, 1971, the booklet of official receipts. In the
Padua vs. Punzalan case, responded received the P50.00 using a private
receipt instead of the CORRESPONDING OFFICIAL RECEIPT. The Court found
him guilty of illegal exaction penalized by paragraph 2(b) of Article
213 of the Revised Penal Code for failure to issue receipts for
money collected by him officially. He was then dismissed from service.
Rule of Law:
Art 213 - Frauds against the public treasury and similar offenses
Detailed Facts:
Soledad Ganaden, stenographer of CFI Zambales, charged
Deputy Provincial Sheriff Gregorio Bolasco with the ff
Dishonesty by demanding P13.00 as sheriff's fee in
civil case No. 711-0, entitled "Carmen Flores vs. Leonardo
Frondarina," but issuing therefor a receipt for a lesser amount;
and by issuing a private receipt for P50.00 to plaintiff Paulino
Padua for the service of a writ of execution but failed to make a
return of said writ; and
Misconduct by delaying the service of summons
upon Paulita Esteban, defendant in a civil case, and entrusting
its service to her nephew, Atty. Eduardo Balaoing, Jr.
Respondent said
That an Atty Leano entrusted P12.60 to resp for
Sheriffs fees in Flores vs Frondarina, but when the summons
was issued it turned out that the fees were only P4.20
considering that the defendants were married and they lived in
Olongapo and not in Zambales as said by Atty Leano. So resp
returned the excess to Atty Leano with an official receipt for the
fee. The Floreses never complained
That the complainant could have only overheard
the telephone convo about the summons upon Paulita Esteban,
because she was not in her residence at the time. Nobody