679 Phil. 122
LEONARDO-DE CASTRO, J.:
A. Ms. Angeles J. Ancheta be DIRECTED, within FIFTEEN (15) DAYS from RECEIPT of NOTICE, to:
- DEPOSIT:
1-a. P389,700.00 to the court’s Fiduciary Fund Savings Account No. 1281-0814-50 with the Landbank of the Philippines [LBP], Candon City, Ilocos Sur Branch on account of the following: Undeposited collections of December 1995 -July 31, 2006 P 335,700.00 Withdrawals with lacking supporting documents (against decided cases) 24,000.00 Withdrawals with lacking supporting documents (against active cases) 30,000.00 1-b. P348.00 to the Bureau of Treasurey Account with the LBP to settle the unremitted interest of P400.00 (withdrawn on 1 February 1999 from the court’s Fiduciary Fund Savings Account No. 188 with the Rural Bank of Cabugao, Inc., San Esteban, Ilocos Sur Branch) less the General Fund overremittance (in the years 2000-2002) totaling P52.00;- SUBMIT to the Chief of the Fiscal Monitoring Division, Court Management Office, OCA the:
2-a. Original copies of machine-validated deposit slips in connection with the directives set forth in Items A(1-a) and A(1-b); 2-b. Original copy of the passbook issued by the Rural Bank of Santiago, Inc., Santiago, Ilocos Sur Branch for the court’s Fiduciary Fund Savings Account No. 2297; 2-c. Supreme Court official receipt booklet consisting of fifty (50) sheets numbered 8279151 to 8279200; and 2-d. Missing supporting documents of certain withdrawals totaling P24,000.00; and- EXPLAIN, IN WRITING, WHY NO ADMINISTRATIVE SANCTION SHALL BE IMPOSED UPON HER for the:
3-a. Undeposited and unrefunded Fiduciary collections totaling P335,700.00; 3-b. Unremitted cashbond collections of P293,000.00 which were refunded to bondsmen (from cash on hand) upon rendition of judgment by the court on certain criminal cases; 3-c. WITHDRAWAL of a total of P47,000.00 against the court’s Fiduciary Fund Savings Account (with the LBP) although the cashbonds of the six (6) decided cases involved were not deposited to the aforementioned Account; 3-d. ISSUANCE (for Fiduciary collections totaling P150,000.00 that went unreported) of, at the very least, six (6) receipts belonging to an official receipt booklet (consisting of fifty (50) sheets numbered 8279151 to 8279200) which she failed to present to the audit team and reported as “mutilated,” “not used” and “not assigned to any fund”; 3-e. ISSUANCE of ORIGINAL copies of official receipts for Fiduciary collections totaling P277,000.00 (that were not reported to the court) and ISSUANCE of the corresponding TRIPLICATE copies for JDF collections totaling P200.00 (that were reported); and 3-f. ISSUANCE of the ORIGINAL and TRIPLICATE copies of OR No. 8279432 for cashbond collections with different collection dates, payors, litigants and amounts (P20,000.00 and P1,000.00, respectively) of which only the latter amount was reported to the court;
B. Ms. Virginia T. Hufana be DIRECTED within FIFTEEN (15) DAYS from RECEIPT of NOTICE, to:
- DEPOSIT:
1-a. P24,000.00 to LBP Fiduciary Fund Savings Account No. 1281-0814-50, Candon City, Ilocos Sur Branch to cover withdrawals which were reverted to unwithdrawn pending the submission of the required supporting documents; and 1-b. P9,603.80 to Special Allowance for the Judiciary Fund Account No. 0591-1744-28 to settle unremitted collections of August 2006 to July 2008; and- SUBMIT to the Chief of the Fiscal Monitoring Division, Court Management Office, OCA the:
2-a. Original copies of machine-validated deposit slips in connection with the directives set forth in Items B(1-a) and B(1-b); and 2-b. Missing supporting documents of certain withdrawals totaling P24,000.00.[4] (Citations omitted.)
The Court issued a Resolution dated July 6, 2011 which noted the foregoing Report, re-docketed the case as a regular administrative matter, and issued a hold departure order against Ancheta and Hufana to prevent them from leaving the country.
- This Report be DOCKETED as a regular administrative complaint against Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA for dishonesty and grave misconduct in the handling of judiciary funds;
- Hold Departure Orders be ISSUED against Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA to prevent them from leaving the country;
- The OFFICE OF ADMINISTRATIVE SERVICES, OCA be DIRECTED to:
C-1. COMPUTE the balance of the earned leave credits of Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA and FORWARD the same to the Finance Division, Financial Management Office (FMO), OCA; and C-2. FURNISH the Finance Division, FMO, OCA with certified true copies of their computerized service records and Notices of Salary Adjustment (NOSA);- The FINANCIAL MANAGEMENT OFFICE, OCA be DIRECTED to:
D-1. COMPUTE and PROCESS the money value of leave credits and other retirement benefits (net of deductions) due to Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA, including the withheld salaries and allowances of Ms. Hufana, and APPLY the same to their accountabilities, to wit: D-1(a). ANGELES J. ANCHETA: P389,700.00 – Landbank of the Philippines (LBP) Fiduciary Fund Savings Account No. 1281-0814-50, Candon City, Ilocos Sur Branch P348.00 - Bureau of Treasury Account with the LBP D-1(b). VIRGINIA T. HUFANA P24,000.00 - LBP Fiduciary Fund Savings Account No. 1281-0814-50, Candon City, Ilocos Sur Branch P9,603.80 - Special Allowance for the Judiciary Fund Account No. 0591-1744-28 D-2. COORDINATE with the Fiscal Monitoring Division (FMD), Court Management Office, OCA on the release to the incumbent Clerk of Court of the checks to be applied to the shortages in order for the FMD to PROPERLY MONITOR the respondents’ settlement of their accountabilities;- Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA be DIRECTED to DEPOSIT, WITHIN a NON-EXTENDIBLE PERIOD of ONE (1) MONTH from RECEIPT of NOTICE, any remaining balance of the indicated shortages to the corresponding fund accounts, after the money value of their leave credits and the total withheld salaries and allowances (net of deductions) had been applied to their accountabilities; and FURNISH the Chief, Fiscal Monitoring Division, Court Management Office, OCA with copies of the corresponding machine-validated deposit slips;
- The retirement benefits (after applying the same to their accountabilities), except accrued leave credits, of Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA be FORFEITED for dishonesty and grave misconduct, with prejudice to reemployment in the government service, including government-owned and controlled corporations;
- The LEGAL OFFICE, OCA be DIRECTED to IMMEDIATELY FILE criminal and civil proceedings against Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA upon receipt of a Report from the Fiscal Monitoring Division, Court Management Office that they failed to restitute the portion of their shortages not covered by the money value of their leave credits and the withheld salaries and allowances (net of deductions);
- Ms. ESTELLA E. IMPERIAL, incumbent Clerk of Court, be DIRECTED to:
H-1. DEPOSIT to the respective fund accounts (as instructed by the Fiscal Monitoring Division [FMD], Court Management Office [CMO], OCA the checks to be sent to her by the Financial Management Office, OCA, to partially/fully settle the accountabilities of Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA; and FURNISH the Respondents and the Chief, FMD, CMO with copies of the machine-validated deposit slips; and H-2. HOLD IN ESCROW, upon settlement by Mesdames ANGELES J. ANCHETA and VIRGINIA T. HUFANA of their respective Fiduciary Fund shortages of P389,700.00 and P24,000.00, respectively, the amounts of P54,000.00 (representing the total withdrawals of Ms. Ancheta with lacking supporting documents) and P24,000.00 (representing the total withdrawals of Ms. Hufana with lacking supporting documents), which shall be REFUNDED to them partially (on a per case basis) or in its entirety upon their presentation of some or all of the missing documents to the court’s Clerk of Court and the Chief, Fiscal Monitoring Division, Court Management Office, OCA; and- Acting Presiding Judge HOMER JAY D. RAGONJAN be DIRECTED to:
I-1. CLOSELY MONITOR the financial transactions of the court, otherwise, he shall be held equally liable for the infractions committed by the employees under his supervision; and I-2. STUDY and IMPLEMENT procedures that shall strengthen the internal control over financial transactions.[6]
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. Even the undue delay in the remittances of amounts collected by them at the very least constitutes misfeasance. On the other hand, a vital administrative function of a judge is the effective management of his court and this includes control of the conduct of the court’s ministerial officers. It should be brought home to both that the safekeeping of funds and collections is essential to the goal of an orderly administration of justice and no protestation of good faith can override the mandatory nature of the Circulars designed to promote full accountability for government funds.[14]
The conduct or behavior of all court personnel is circumscribed with the heavy burden of responsibility. Time and again, the High Court affirms the practical reality that the image of the court as a true temple of justice is mirrored by the conduct of everyone who works therein, from the judge to the lowest clerk. It is therefore imperative that those involved in the administration of justice must live up to the highest standard of honesty and integrity in the public service.
On court employees who have fallen short of their accountabilities, particularly, Clerks of Court who are the custodians of court funds and properties, the Court has not hesitated to impose the ultimate penalty. This Court has never tolerated or condoned any conduct that would violate the norms of public accountability and diminish, or even tend to diminish, the faith of the people in the justice system.[22]
A-1. | Compute the balance of the earned leave credits of Angeles J. Ancheta and Virginia T. Hufana and FORWARD the same to the Finance Division, Financial Management Office (FMO)-OCA; and |
A-2. | Furnish the Finance Division, FMO-OCA, with certified true copies of their computerized service records and Notices of Salary Adjustment; |
B-1. | Compute and process the monetary value of leave credits and other retirement benefits (net of deductions) due to Angeles J. Ancheta and Virginia T. Hufana, including the latter’s withheld salaries and allowances, and apply the same to their accountabilities, to wit: | |
B-1(a). | Angeles J. Ancheta: | |
P389,700.00 – Landbank of the Philippines (LBP) Fiduciary Fund Savings Account No. 1281-0814-50, Candon City, Ilocos Sur Branch | ||
P348.00 – Bureau of Treasury Account with the LBP | ||
B-1(b). | Virginia T. Hufana | |
P24,000.00 – LBP Fiduciary Fund Savings Account No. 1281-0814-50, Candon City, Ilocos Sur Branch | ||
P9,603.80 – Special Allowance for the Judiciary Fund Account No. 0591-1744-28 | ||
B-2. | Coordinate with the Fiscal Monitoring Division (FMD), CMO-OCA on the release to the incumbent Clerk of Court of the checks to be applied to the shortages in order for the FMD to properly monitor the settlement by Angeles J. Ancheta and Virginia T. Hufana of their accountabilities; |
F-1. | Deposit to the respective fund accounts (as instructed by the FMD, CMO-OCA, the checks to be sent to her by the FMO-OCA, to partially/fully settle the accountabilities of Angeles J. Ancheta and Virginia T. Hufana; and furnish Angeles J. Ancheta and Virginia T. Hufana and the Chief, FMD, CMO-OCA with copies of the machine-validated deposit slips; and |
F-2. | Hold in escrow, upon settlement by Angeles J. Ancheta and Virginia T. Hufana of their respective Fiduciary Fund shortages of P389,700.00 and P24,000.00, respectively, the amounts of P54,000.00 (representing the total withdrawals of Angeles J. Ancheta with lacking supporting documents) and P24,000.00 (representing the total withdrawals of Virginia T. Hufana with lacking supporting documents), which shall be refunded to Angeles J. Ancheta and Virginia T. Hufana partially (on a per case basis) or in its entirety upon their presentation of some or all of the missing documents to the Clerk of Court of the Municipal Circuit Trial Court of Santiago-San Esteban and the Chief, FMD, CMO-OCA; and |
G-1. | Closely monitor the financial transactions of the court, otherwise, he shall be held equally liable for the infractions committed by the employees under his supervision; and |
G-2. | Study and implement procedures that shall strengthen the internal control over financial transactions. |