446 Phil. 514
PER CURIAM:
1) Criminal Case No. 1939 | - | |
2) Criminal Case No. 1780 | - | 1,800.00 |
3) Criminal Case No. 1765 | - | 2,500.00 |
4) Criminal Case No. 1934 | - | 1,500.00 |
Total |
“When this case was called for hearing on the charges against respondent for misappropriation of fiduciary funds, absenteeism and incompetence both the respondent and the complainant failed to appear.The OCA, in its Memorandum of 28 August 2001, expressing dissatisfaction over the report and recommendation of Executive Judge Tamin, gave this observation:
“Present in today’s proceedings is Lourderoma Lerasan, the Administrative Officer of the Rural Bank of Bonifacio, Bonifacio, Misamis Occidental.
“Filed with this Office is an affidavit of desistance of complainant Veronica A. Dondiego which states that she is withdrawing her administrative case against respondent Petronio Cuevas, Jr., Clerk of Court II, MCTC, Tambulig, Zamboanga del Sur.
“Since no evidence has been adduced to substantiate any of the ‘charges under investigation in this case, it is recommended that the administrative charges for misappropriation of fiduciary funds, absenteeism and incompetence be DISMISSED.”[1]
“Records reveal that the instant case was initially set for investigation on 08 and 09 May 2001. On 30 April 2001, complainant requested postponement of the hearing, which was granted by the court in an Order dated 03 May 2001. In his Order, Investigating Judge Tamin reset the hearing for 23 and 24 May 2001. However, at the hearing on 23 May 2001, complainant filed an Affidavit of Desistance. On the same day, Judge Tamin issued an order recommending the dismissal of the case on the basis of the affidavit of desistance executed by herein complainant.On 26 September 2001, the Court issued another resolution, this time referring the case to RTC Executive Judge Loreto C. Quinto of Branch 30, Aurora, Zamboanga del Sur, for a more exhaustive and extensive investigation, report and recommendation. Judge Quinto, following his investigation, submitted his report and recommendation thusly:
“From the foregoing, it can be clearly seen that no earnest effort was exerted by herein investigating judge to determine why the present administrative case was filed in the first place, and why complainant supposedly suddenly lost interest in the case she initiated. The complainant should have been asked to explain why she was reversing her position and withdrawing her complaint. And, Judge Tamin should have delved into the basis of the charges.
“Considering the seriousness and gravity of the offense now sought to be withdrawn, an exhaustive investigation is necessary. The allegations in the pleadings should not be taken lightly but examined carefully and the parties concerned should be confronted with them. Judge Tamin should not have satisfied himself with the pro-forma affidavit of desistance of private complainant and her suspicious non-appearance during the hearing.”[2]
“1. The constant absence of the Respondent in office everytime Judge Dondiego will hold office. How will Judge Dondiego properly supervise the Respondent in such a situation? Why did Judge Dondiego [fail] to correct this when it is her duty to properly manage the Court? If that is the situation, the Respondent has an average absence of eight (8) days a month or ninety-six (96) days a year;Judge Quinto, however, declined from making any recommendation on the proper penalty to be imposed on respondent, stating that respondent was his Clerk of Court when he was designated Acting Presiding Judge of MTC, Tambulig, Zamboanga del Sur, from 1977 to 1991 during which time, he added, no anomaly appeared to have been perpetrated by respondent. Judge Quinto asked this Court to consider the long service of respondent in the government.
“2. There were delays by the Respondent in the remittances of his collections for the JDF, and General Fund. This was admitted by him but his reason that he might be absent when they will be prepared is unacceptable. The testimony of Mrs. Capirig is very credible because she based it on record when she conducted her audit on the Respondent. The Respondent was delayed in his remittances of JDF collections from September, 1989 to November, 1990 or a total of 15 months; from December 1990 to September, 1994 or a total of 46 months or a continuous non-remittance from September, 1989 to September, 1994 or a sum total of five (5) years and one (1) month; from February, 1997 to August, 1998 or a total of nineteen (19) months; from October, 1998 to March, 1999 or a total of six (6) months. The collections from April, 1999 to October 17, 2000 [are] not remitted;
“As to the collections for the General Fund, from February, 1997 to September, 1998, they were remitted but only on October, 1998; from January, 1999 to December, 1999, they were not remitted; and from January, 2000 to October, 2000, they were not remitted;
“3. The Respondent had failed for at least fifteen (15) times of cash bail bonds received by him which were duly receipted by official receipts but were not deposited by him in the Rural Bank of Bonifacio where the MTC had its Savings Account.
“4. The Respondent and the complainant have not observed Administrative Circular No. 50-95 for according to them they have not read it. The Investigator had found out that said circular was on file in the folder for Supreme Court Circulars.
“5. Perusing carefully, the Passbook of the Savings Account, there are withdrawals in amounts that do not coincide with the amounts deposited.”[3]
“With respect to respondent, the latter admitted during the said hearing the late remittances he made as reflected in the above table of collections. The respondent further admitted that he cannot remember having received Circular No. 50-95 but heard about it. He said there are times that he failed to read some circulars of the Supreme Court because the court personnel who received these Circulars will immediately attach them to the files. In addition, he admitted that he was the only one who signed deposit slips but the withdrawal slips were signed by him and Judge Dondiego. Furthermore, he admitted that he did not withdraw the interests earned by the savings account. (transcript of stenographic notes - pp. 24-26, Hearing of March 7, 2002).The OCA recommended the dismissal from the service of respondent Petronio D. Cuevas, Jr., for “Dishonesty, Gross Neglect of Duty, Incompetence, Habitual Tardiness and Absenteeism, and Conduct Prejudicial to the Best Interest of the Service.”
“Anent the allegations of habitual tardiness and absenteeism, respondent admitted that he will hold office ONLY if Judge Dondiego is absent so that either one of them can accommodate people who will appear in their office. Respondent justifies the late remittances as the times when he will not report to office. With regard to the issue wherein he just ‘time-in the logbook’ and disappear, respondent admitted the same as true but attributes the same to his having an ‘important family problem’ that needs to be prioritized.“x x x x x x x x x
“Even far more serious than his untenable assertions of ignorance was respondent’s undue delay in depositing the collections for the Judiciary Development Fund for the period starting September 1989 to November 1990 but were remitted only on 14 December 1990 or after the lapse of fifteen (15) months. The collection for the same fund from December 1990 to September 1994 or a total of 46 months, was remitted only on 04 November 1994; from February 1997 to August 1998 or for a total of 19 months, was remitted only on 16 September 1998; from October 1998 to March 1999 or for a total of 6 months, the same was remitted only on 23 April 1999; and from April 1999 to 17 October 2000 or for a total of 17 months, no remittances were made. For the collections of the General Fund, from February 1997 to September 1998 or for a total of 20 months, it was remitted only on 16 October 1998; from January 1999 to December 1999 or for a total of 12 months, there was no remittance made, and from January 2000 to October 2000 or for a total of 10 months, there was likewise no remittance made.”[4]