487 Phil. 77
CARPIO MORALES, J.:
The accused in the above entitled case having posted his cash bond deposited to this court in the amount of P12,500.00 for his provisional liberty, the same is hereby APPROVED.Respondent, in her Comment,[3] denies the charges which she brands to be malicious, false and unfounded. She asserts “that the Order itself contained the Official Receipt bearing No. 7237611 and dated August 8, 1999.”[4]
The Station Commander of PNP Llanera, Nueva Ecija is hereby directed to release the accused Jesus Agulan from custody of the law unless he is being held for another legal cause of action.
SO ORDERED.
CONCLUSIONS OF LAW:In a Memorandum[7] dated July 2, 2002, the Office of the Court Administrator (OCA) adopted the findings of the investigating judge but recommended a modified penalty of fine of One Thousand (P1,000.00) with warning in light of the following consideration:
A perusal of the evidence presented by the complainant and respondent yields that there was no clear evidence to support the contention of the complainant that there was no cashbond actually put up by accused Jesus Agulan in Criminal Case No. 160-L before the MCTC of Llanera-Gen. Natividad, Nueva Ecija, when he was released because the respondent was able to refute the same by presenting the cash deposit slip (Exhibit “4”) showing that the P12,500.00 cashbond put up by accused Jesus Agulan was deposited by the respondent Clerk of Court to the Land Bank of the Philippines, Cabanatuan City Branch, together with the Savings Account Withdrawal Slip (Exhibit “9”) showing that the said amount was withdrawn from the Land Bank of the Philippines and refunded to accused Jesus Agulan as shown by certification dated April 25, 2001 (Exhibit “10”) signed by Jesus Agulan by virtue of the order dated April 19, 2001 (Exhibit “8”) issued by Honorable Johnson L. Ballutay, and the undertaking signed by Mr. Agulan dated August 9, 1999 subscribed and sworn to before Judge Fernandez showing that Jesus Agulan was indeed released from custody by virtue of a cashbond posted by him and showing that Judge Fernandez was in Llanera, Nueva Ecija on August 8, 1999 when he signed the original copy of the release order as well as when he made the acknowledgment in the undertaking of Jesus Agulan on August 8, 1999. However, it was established that respondent Clerk of Court Teresita Esteban is remiss of her duty as mandated by the Civil Service Rules to observe efficiency in the performance of her official functions and duties to maintain public trust and confidence.
It is very clear from the testimony of respondent herself having admitted that when she received the cashbond money in the amount of P12,500.00 put up by accused Jesus Agulan on August 8, 1999 in Criminal Case No. 160-L, she did not issue a receipt thereof because the receipt was in their office at Gen. Natividad and that she did not exert effort to look for the holder of the key of their office anymore in order for her to get the receipt because Judge Octavio Fernandez on August 8, 1999 the official receipt number was not yet inserted and it is only on August 9, 1999 when she issued the receipt that she inserted the official receipt number in the original copy of the questioned release order which insertion does not appear in the duplicate copy sent to the Police Department of Llanera, Nueva Ecija, which actuation of the respondent constitutes irregularity in the issuance of receipt and Court orders. The respondent should not have relied on the instruction of Judge Octavio Fernandez because being a public servant she must know her duties and functions as a Clerk of Court, hence, she must be the one responsible for her own misdeeds and misconduct.
RECOMMENDATION:
WHEREFORE, premises considered, and finding the respondent Clerk of Court Teresita Esteban guilty of simple neglect of duty and misconduct under the Civil Service Rules and Regulations, it is but proper that the undersigned hereby recommends the suspension of said respondent for a period of Three (3) Months without salary and emoluments. (Emphasis and underscoring supplied)
Under Civil Service rules and regulations, simple neglect of duty is punishable by suspension of one month and one day on the first offense. However, the penalty of fine, instead of suspension, may also be imposed in the alternative.From the transcripts of stenographic notes taken during the hearing of the case and as reflected in the earlier-quoted findings of investigating judge, respondent claimed that when she received the cash bond posted by Jesus Agulan on August 8, 1999, she did not issue a receipt therefor because the booklet of official receipts was in the court office at General Natividad, the key to which was in the custody of the court aide. That is why, respondent added, it was only the following day, August 9, 1999, a Monday, that she issued the official receipt the number of which she intercalated in the original copy of the Order of Release promulgated the day before, and that explains why the copy of the order of release furnished the Llanera police on August 8, 1999 did not bear the said official receipt number.
9. Official receipts must be kept in safe custody. The Clerk of Court, as the person directly responsible for all court collections, must take all reasonable steps to minimize the risk of losses, defalcations and other types of irregularities. (Italics in the original; emphasis supplied)A clerk of court who is directly responsible for all court collections, should have custody of official receipts or at least have direct access to the place where they are kept. In respondent’s case, she admittedly received the cash bond on a Sunday, August 8, 1999, but that as the key to the office was in the custody of the court aide, she issued the receipt only the following day, August 9, 1999, a Monday.
All collections from bail bonds, 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.It appearing that this is respondent’s first offense of simple neglect of duty, a less grave offense warranting a penalty of suspension of One (1) Month and One (1) Day to Six (6) Months,[12] a penalty of suspension of One (1) Month and One (1) Day without pay, with warning, is imposed on her.
x x x (Emphasis and underscoring supplied)