510 Phil. 243
SANDOVAL-GUTIERREZ, J.:
Total collections for the period August 1995-May 21,1998 | -P5,929,506.00 |
Less:Withdrawals for the same period | - 2,944,418.00 |
Total Unwithdrawn Fiduciary Fund | -P2,985,088.00 |
Less:Total bank deposits for the same period | - 2,936,615.96 |
Final Accountability | -P 48,472.02 |
"1. That he maintained five (5) depository accounts for the Fiduciary Fund because since he started collecting Fiduciary Fund in 1993, he was unaware of the existence of Circular No. 50-95. It was also his honest belief that since the four branches of the court and the Office of the Clerk of Court are different offices, each should have a separate passbook. Thus, he opened five (5) depository passbooks, one each for the four branches and one for the Office of the Clerk of Court. He further stated that under this set-up, the judges never questioned him and that if there was any inquiry regarding the Fiduciary Fund of any branch, he could easily present them to the Judge.In a letter dated November 15, 2004, respondent reiterated his request for the early release of his retirement benefits, asking that the shortage of P48,472.02 be deducted from his terminal leave pay. He prayed for this Court's assistance so he can enjoy his retirement benefits after seven (7) years of waiting.
2. That he failed to submit the Statement of Unwithdrawn Fiduciary Fund because when he retired, he did not have the necessary forms and when he was able to secure them, he gave the same to the cash clerk for completion. However, due to the volume of work and the bulk of transactions of the Fiduciary Fund, the Statement of Unwithdrawn Fiduciary Fund was completed and forwarded to the Fiscal Monitoring Division in 2001."
"1. This report be docketed as a regular administrative matter against Mr. Melecio Ramos for failure to deposit the correct amount of collection causing a shortage in his collection; and a fine of Five Thousand Pesos (P5,000.00) be imposed upon him for such infraction; the said fine to be deducted from his retirement benefits.We find respondent administratively liable for dishonesty and gross misconduct.
2. The Financial Management Office, OCA be DIRECTED to deduct the amount of FORTY-EIGHT THOUSAND FOUR HUNDRED SEVENTY-TWO PESOS and FOUR CENTAVOS (P48,472.04) from the retirement benefits of Mr. Ramos as payment of the shortage in the latter's collection and coordinate with the Fiscal Monitoring Division, Court Management Office, OCA before releasing the said amount to the Clerk of Court/Officer-in-Charge, Municipal Trial Court, Tuguegarao City, Cagayan for deposit to the Fiduciary Fund account.
3. The Clerk of Court/Officer-in-Charge, Municipal Trial Court, Tuguegarao City, Cagayan be DIRECTED to furnish the Fiscal Monitoring Division, CMO, OCA with the machine validated deposit slip, as proof that the amount deducted from the Terminal Leave Pay of Mr. Ramos was deposited to the Fiduciary Fund account, within five (5) days after receipt of the check from the Checks Disbursement Division, Financial Management Office, OCA."
"4. All collections from bailbonds, rental deposits, and other fiduciary collections shall be deposited within twenty-four (24) hours by the Clerk of Court concerned, upon receipt thereof, with the Land Bank of the Philippines."The same Circular also mandates that all deposits of fiduciary funds should be made in the name of the court, with its Clerk of Court and the Executive Judge as authorized signatories. Only one depository bank shall be maintained. As explained by respondent, he maintained five (5) depository accounts for the Fiduciary Fund because he is unaware of the existence of Circular No. 50-95. He further stated that the judges never questioned him about his five (5) accounts and that if there was any inquiry regarding the Fiduciary Fund of any Branch, he could easily present it to the Judge.
"Mrs. Deseo's alleged lack of prior training and orientation in administering Fiduciary Fund collections cannot relieve her of administrative liability. Her collections and deposits of other funds (Judiciary Development Fund and General Fund) are in order. Her responsibilities for these funds are substantially the same as her responsibility for the Fiduciary Fund. It is difficult to believe that she was ignorant of the provisions of Circular No. 50-95. She might, in the beginning, have been unaware of the circular, but surely she could not have remained so far the three years that she was the OIC."Clerks of Court are the chief administrative officers of their respective courts. With regard to the collection of legal fees, they perform a delicate function as judicial officers entrusted with the correct and effective implementation of regulations thereon.[2]
Section 52, Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service provides:Corollarily, in Re: Ma. Corazon M. Molo,[6] we held:
"Section 52. Classification of Offenses. - Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service.
A. The following are grave offenses with their corresponding penalties:1. Dishonesty - 1st Offense - Dismissal
2. Gross Neglect of Duty - 1st Offense - Dismissal
3. Grave Misconduct - 1st Offense - Dismissal"
"No position demands greater moral righteousness and uprightness from the occupant than the judicial office. Those connected with the dispensation of justice bear a heavy burden of responsibility. 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. This Court has consistently held that persons involved in the administration of justice ought to live up to the strictest standards of honesty and integrity in the public service. The conduct required of court personnel, from the presiding judge to the lowliest clerk, must always be beyond reproach.In the instant case, the penalty of dismissal from the service is no longer imposable as respondent had already reached the compulsory age of retirement as early as May 28, 1998. A fine of P40,000.00 is deemed in order.
The Court is left with no choice but to declare the respondent guilty of dishonesty and gross misconduct. Dishonesty alone, being in the nature of a grave offense, carries the extreme penalty of dismissal from the service with forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification for re-employment in the government service. This penalty is in accordance with Section 52 and Section 58, Rule IV, of the Civil Service Commission Memorandum Circular No. 19, Series of 1999 (Revised Uniform Rules on Administrative Cases in the Civil Service)."