Re: Financial Audit Conducted in the Municipal Circuit Trial Court, Ragay-Del Gallego, Camarines Sur
REITERATIONFacts
The Antecedents: Darius Ramon C. Abengoza (Abengoza) was designated OIC/Acting Clerk of Court of the Municipal Circuit Trial Court (MCTC) of Ragay-del Gallego, Camarines Sur. He was relieved of this designation due to his failure to make necessary remittances of cash collections and submit financial reports on time. A financial and judicial audit was subsequently requested. Procedural History: The financial audit revealed that collections for the Judiciary Development Fund (JDF), Clerk of Court General Fund, and Fiduciary Fund from August to October 16, 2002, amounting to P62,934.80, were not reported and remitted on time. Additionally, salary checks totaling P19,095.00 were encashed from court collections, violating Supreme Court administrative circulars. The Office of the Court Administrator (OCA) recommended a fine of P5,000.00 and disqualification from being an accountable officer. The matter was referred to Executive Judge Cecilia R. Borja-Soler for investigation. Abengoza admitted his lapses, attributing them to lack of training and claiming he deposited P19,095.00 to the JDF erroneously when it should have been the Fiduciary Fund. He admitted keeping cash collections in a drawer and allowing salary checks to be encashed in good faith. Judge Borja-Soler recommended a fine of P3,000.00 and disqualification. The Petition: The case was before the Supreme Court for resolution based on the findings and recommendation of the Executive Judge.
Issue(s)
Whether Darius Ramon C. Abengoza committed administrative lapses in his capacity as OIC/Acting Clerk of Court. Whether Abengoza's actions warrant administrative sanction.
Ruling
The Supreme Court found Darius Ramon C. Abengoza liable for administrative lapses and ordered him to pay a fine of P3,000.00 and disqualified him from being an accountable officer of any first and second level court.
Ratio Decidendi
On Whether Darius Ramon C. Abengoza committed administrative lapses in his capacity as OIC/Acting Clerk of Court: The Court affirmed that Abengoza committed administrative lapses. As Clerk of Court, he is an officer of the law and a designated custodian of court funds, revenues, records, properties, and premises. His failure to remit collections on time and his practice of keeping cash collections in a drawer, instead of depositing them immediately with an authorized government depository bank, constituted a clear violation of Administrative Circular No. 3-2000. Furthermore, allowing the encashment of salary checks from court collections directly contravened the same circular. The excuse of lack of prior training did not absolve him from liability, as strict observance of rules regarding fund remittances is necessary to safeguard them against loss or misuse. On Whether Abengoza's actions warrant administrative sanction: The Court held that Abengoza's actions warranted administrative sanction. Clerks of court are expected to perform their responsibilities faithfully and comply with circulars on deposits of collections. The unwarranted failure to fulfill these responsibilities deserves administrative sanction, and even full payment of collection shortages does not exempt the accountable officer from liability. While Abengoza's delay in depositing cash collections was less than three months and it was his first infraction, the Court found it appropriate to adopt the recommendation of the Executive Judge for a fine and disqualification. This aligns with previous cases where clerks of court were penalized for similar infractions, with fines varying based on the severity and duration of the delay.
Main Doctrine
Clerks of court are officers of the law who perform vital functions in the prompt and sound administration of justice. They are designated custodians of the court's funds, revenues, records, properties and premises and are liable for any loss, shortage, destruction or impairment of such funds and property. Their unwarranted failure to deposit collections immediately with authorized government depositaries deserves administrative sanction, and even full payment of shortages will not exempt them from liability.