362 Phil. 136
PER CURIAM:
The deposit made by respondent in his personal account of money intended as rental deposit was discovered in the course of the hearing in Civil Case No. 128131-CV on plaintiff's Motion to Withdraw Deposits. In that hearing, respondent admitted that during the period March 1991 to December 1996, he received from the defendant Jorge Disuanco monthly rentals of P2,466.66 and that he deposited the rentals in his personal account, first in the Philippine National Bank and later in the Land Bank of the Philippines. He claimed that he later paid to the plaintiff in the case, Teofista Pilapil, the amount of P172,444.20. Pertinent portions of respondent's testimony in Civil Case No. 128131-CV follow:
TO: ALL EXECUTIVE JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS AND SHARI'A DISTRICT COURTS.SUBJECT: COURT FIDUCIARY FUNDS....
Conformably herewith, Circular No. 5, dated November 25, 1982, is hereby revoked and declared of no further force or effect. The following procedure is therefore prescribed in the administration of Court Fiduciary Funds:All collections from bailbonds, rental deposits and other fiduciary collections shall be deposited immediately by the Clerk of Court concerned, upon receipt thereof, with an authorized government depository bank.
Guidelines in Making Deposits 1) Deposits shall be made under a savings account. Current account can also be maintained provided that it is on an automatic transfer of current account from savings.2) Deposits shall be made in the name of the Court.3) The Clerk of Court shall be custodian of the Passbook to be issued by the depository bank and shall advise the Executive Judge of the bank's name, branch and savings/current account number.Guidelines in Making Withdrawals 1) Withdrawal slips shall be signed by the Executive Judge and countersigned by the Clerk of Court.2) If maintaining a current account, withdrawals shall be made by checks. Signatories on the check shall likewise be the Executive Judge and the Clerk of Court.
Interests earned on these deposits and any forfeited amount shall accrue to the General Fund of the government. Within two (2) weeks after the end of each quarter, the Clerk of Court shall withdraw such interest and forfeited amounts and shall remit the same to the National Treasury under a separate Remittance Advice, duplicate copy thereof to be furnished the Chief Accountant of the Supreme Court for record and control purposes.
No withdrawals, except as specifically provided in the immediately preceding paragraph, shall be allowed unless there is a lawful order from the Court that has jurisdiction over the subject matter involved.
Only one depository bank shall be maintained and said bank must be formally informed by the Executive Judge as to who are the authorized signatories to the withdrawal slips.
In addition, Judge Layosa found that in another case, Civil Case No. 149361-CV, respondent received for deposit rentals in the total amount of P8,000.00, covering the period August 1995 to November 1996, which he did not turn over to the clerk of court until December 20, 1996. The amount is evidenced by a receipt issued by the court to the plaintiff in that case. Respondent did not deny this.
COURT So the only question now is, where is the money? Atty. Dinglasan [referring to counsel for defendant Jorge Disuanco], can you ask him if he [referring to defendant Jorge Disuanco] agrees that the total amount now as I have stated is One Hundred Seventy Two Thousand Six Hundred Seventy Six Pesos and Twenty Centavos (P172,676.20) yon ang nasusuma natin. ATTY. DINGLASAN Yes Your Honor, he confirms that that is the amount so far that is deposited. COURT Basta he admits that he had paid from March 1991 religiously up to December 1996.ATTY. DINGLASAN Yes Your Honor.ATTY. TULLAO, JR. Only at Two Thousand Four Hundred, Sixty Six and Twenty Centavos (P2,466.20) per month.COURT So, saan mo dineposit itong perang tinatanggap mo?MR. RIVOTA Sa bangko po.
COURT In whose name?
MR. RIVOTA Sa pangalan ko po.COURT Why in your name?MR. RIVOTA Because I have some amount deposited in that bank also in that account, Your Honor, and I have my own money.COURT But why did you deposit it in your own bank account?MR. RIVOTA I'm sorry Your Honor, I have no....COURT It's not a matter of being sorry, kung mamatay ka anong hahabulin ng gobyerno? Is it deposited in the name of the court or in your name?
MR. RIVOTA In my name Your Honor.COURT In your name alone and together with other personal deposits that you are making?MR. RIVOTA Yes Your Honor.COURT And what are you referring to as the savings deposit is the savings bank deposit which was already submitted to me.MR. RIVOTA Yes Your Honor.COURT Witness is referring to Land Bank Savings account no. 19812120-0120-42 opened last May 22, 1996, in the name of Gerardo S. Rivota, No. 522 Makisig St., Bacood Sta. Mesa, Manila. Are you referring to this savings account passbook? Is this the official account that you opened?MR. RIVOTA Yes Your Honor.COURT For this bank deposit?MR. RIVOTA Yes Your Honor.COURT What about the previous monthly deposit since 1991?MR. RIVOTA They're included, everything's included.
COURT
No, no. What I mean is previous since the start.
MR. RIVOTA Yes Your Honor.COURT Where are the deposits?MR. RIVOTA At the Philippine National Bank.COURT In whose name?MR. RIVOTA In my name Your Honor.COURT
In your name also?MR. RIVOTA Yes Your Honor.COURT Now, why did you close the account?MR. RIVOTA No, I transferred it because when the Philippine National Bank was privatized and it is no longer the depository of the government, I transferred it to Land Bank.COURT Don't you know that rental deposit is supposed to be a fiduciary fund and anything that you would accept in your capacity as a government employee should not be deposited in your own personal account. MR. RIVOTA This is my first time to know.COURT First time? How long have you been a Branch Clerk?
MR. RIVOTA I've been a Branch Clerk Your Honor since 1983. COURT So what you mean was, whenever you accept rental deposits you deposited it in your account? MR. RIVOTA Yes Your Honor, this is my first time. This is the only deposit that I deposited in my name, in my personal account. COURT You're under oath. MR. RIVOTA Yes Your Honor. COURT
You can be charged criminally if you are found telling a lie. .... MR. RIVOTA I am not telling a lie Your Honor.
COURT So, it is admitted all the while since 1991, you did not deposit these amount in court, but in your own personal account?MR. RIVOTA Not in court Your Honor.
COURT So, how much did these rental deposits arrive? MR. RIVOTA I do not know Your Honor. COURT You do not know? MR. RIVOTA Because I do not know the rate. COURT Why, don't you know that those earnings should be returned and goes to the government? MR. RIVOTA Yes Your Honor. COURT Are all the receipts here? MR. RIVOTA Yes Your Honor. COURT And this amounts to One Hundred Seventy Two Thousand point something (P172,000.00)? MR. RIVOTA Yes Your Honor. COURT So, this savings account that you opened is actually your personal account, is that correct? MR. RIVOTA Your Honor, that belongs to the plaintiff deposited by the defendant. COURT No, but you opened a savings account deposit in your name, admitted? MR. RIVOTA Yes Your Honor. COURT Okay. And that you opened on May 22, 1996, you deposited an amount? MR. RIVOTA
Not only in May Your Honor, way back in 1991. COURT No, because you're showing me a savings account deposit that was opened last May. And the initial deposit is Two Hundred Nine Thousand One Hundred Ninety Eight and Sixty One centavos, (P209,198.61). Put that on record. And on June 10, 1996, you have withdrawn an amount of One Hundred Thousand (P100,000.00). For what purpose is this withdrawal? May I ask the plaintiff if there was any withdrawal?ATTY. TULLAO, JR. [Counsel for the plaintiff Teofista Pilapil] No Your Honor, the plaintiff did not make any withdrawals whatsoever. COURT So, for what purpose was this One Hundred Thousand (P100,000.00) Pesos? MR. RIVOTA Because Your Honor, previously my relative mortgaged a piece of land.
"Public service requires the utmost integrity and strictest discipline. Thus, a public servant must exhibit at all times the highest sense of honesty and integrity. No less than the Constitution sanctifies the principle that a public office is a public trust, and enjoins all public officers and employees to serve with the highest degree of responsibility, integrity, loyalty and efficiency. The Code of Conduct and Ethical Standards For Public Officials and Employees additionally provides that every public servant shall at all times uphold public interest over his or her personal interest."Public office is indeed a public trust. No position demands greater moral righteousness and uprightness from its occupant than does the judicial office.[5] Those connected with the dispensation of justice bear a heavy burden of responsibility.[6] Clerks of court in particular must be individuals of competence, honesty, and probity, charged as they are with safeguarding the integrity of the court and its proceedings. For failing to live up to these exacting standards, respondent should be dismissed. This is not the first time the Court has ordered the dismissal of clerks of court and other court personnel for failure to deposit fiduciary funds in authorized government depository as required by rules and regulations.[7]