Supreme Court decision · Administrative Law

Borre v. Maravilla

A.M. No. P-909 · Promulgated August 26, 1977 · Ponente: Fernandez

In brief

This case is about an administrative complaint against Deputy Sheriff Benjamin Maravilla for extortion and abuse of authority, dismissed as moot because he had already been dismissed in another administrative case.

Administrative Complaint, Moot and Academic, Deputy Sheriff, Removal from Office, Extortion

Related cases

Full text

FIRST DIVISION

[ A.M. No. P-909. August 26, 1977 ]

CALVIN BORRE, COMPLAINANT, VS. BENJAMIN MARAVILLA, RESPONDENT.

R E S O L U T I O N


FERNANDEZ, J.:

In a sworn letter-complaint filed with the Office of the Chief Justice on April 8, 1975, Calvin R. Borre of Davao City charged Benjamin Maravilla, then Deputy Sheriff in the Office of the Provincial Sheriff at Davao City with "serious insinuations to extort, intimidations in the performance of duty, dishonesty, oppression, abuse of authority and backsliding x x x."

The letter-complaint was referred to the respondent, Benjamin Maravilla, for Comment in a 1st Indorsement dated April 10, 1975.

On January 7, 1977, a first tracer was sent to "Mr. Benjamin Maravilla, Former Deputy Sheriff" through the Clerk of Court and Ex-Officio Sheriff of the Court of First Instance, Laoag City.  The said first tracer was obviously sent to the wrong address, the respondent, being formerly a deputy sheriff at Davao City.

No comment from the respondent has been received.

It appears that on July 25, 1975, this Court in Administrative Matter No. P-1 entitled "Cirilo Tinaha, complainant versus Benjamin Maravilla, respondent." dismissed the respondent from the service.  The respondent in Administrative Matter No. P-1 is the same respondent Benjamin Maravilla in the instant adminis­trative matter.

In this administrative matter, no government money is involved.  The complainant, Calvin R. Borre, prays that the respondent, Benjamin Maravilla, be removed from office.  The object of this administrative complaint has been achieved in Administrative Matter No. P-1.  Hence, no further action need be taken.

WHEREFORE, this administrative matter is hereby dismissed for having become moot and academic.

SO ORDERED.

Teehankee, (Chairman), Makasiar, Muñoz Palma, Martin, and Guerrero, JJ., concur.