A.M. No. P-94-1110 February 6, 1997
Melencio S. Sy, Provincial Auditor, Tawi-Tawi, complainant, vs. Carmelita S. Mongcupa, Steno Clerk III, OIC, RTC, Branch 5, Bongao, Tawi-Tawi, respondent.

FACTS

Acting Presiding Judge Carlito A. Eisma requested an audit of the accountabilities of respondent Carmelita S. Mongcupa, the Officer-In-Charge of the Office of the Clerk of Court, for the period from March 1991 to August 1994. The audit, conducted by Assistant Provincial Auditor Melecio S. Sy, revealed a shortage of P237,084.99 in court funds. A demand was issued for Mongcupa to produce the missing funds and submit a written explanation within seventy-two hours, which she failed to do. The Court treated the audit report as an administrative complaint and placed Mongcupa under preventive suspension.
Despite being given the opportunity to file an answer, Mongcupa failed to submit a formal comment. However, in a letter dated April 10, 1995, she admitted the shortage and expressed willingness to replenish the funds, requesting that her unreleased salaries and benefits be applied as partial payment. The Office of the Court Administrator (OCA) completed its investigation and submitted a report recommending her dismissal.

ISSUE

Whether respondent Carmelita S. Mongcupa should be held administratively liable for the shortage of court funds in her custody.

RULING

Yes, the respondent is administratively liable and is dismissed from service. The Court found the evidence against Mongcupa overwhelming. Her failure to account for the public funds upon demand, coupled with her subsequent admission of the shortage in her letter, constitutes prima facie evidence of malversation under Article 217 of the Revised Penal Code. The principle of res ipsa loquitur—the thing speaks for itself—applies, as the established facts of the shortage and her admission clearly demonstrate serious misconduct and dishonesty in the handling of court funds.
The Court emphasized that employees of the judiciary must adhere to the highest standards of honesty and integrity. Mongcupa’s actions betrayed the trust reposed in her as an accountable officer. Her request to offset the shortage with her unreleased salaries and benefits was denied, as granting it would improperly award benefits that are forfeited due to her malfeasance. Accordingly, the Court DISMISSED Carmelita S. Mongcupa from the service with forfeiture of all retirement benefits and accrued leave credits, with prejudice to re-employment in any government agency, and without prejudice to the filing of appropriate criminal and civil charges.