G.R. No. P-03-1681. February 28, 2003
JUDGE VERONICA A. DONDIEGO, complainant, vs. PETRONIO D. CUEVAS, JR., CLERK OF COURT, MUNICIPAL TRIAL COURT, TAMBULIG, ZAMBOANGA DEL SUR, respondent.

FACTS

Judge Veronica A. Dondiego filed a sworn complaint against Clerk of Court Petronio D. Cuevas, Jr. for incompetence, dishonesty, and gross neglect of duty. The complaint alleged that Cuevas was frequently absent, failed to timely remit judiciary funds, and, most seriously, could not account for court fiduciary funds. An audit revealed a significant discrepancy: the court’s bank deposit was only P8,093.77, while posted cash bonds totaled P25,800.00. The Judge also cited an instance where a cash bond appeared to have been borrowed by the respondent. Cuevas denied the charges, attributing them to a personal grudge, and pleaded for leniency based on his thirty years of service.
The case was referred for investigation. The initial investigating judge recommended dismissal solely based on an affidavit of desistance filed by Judge Dondiego. The Office of the Court Administrator (OCA) found this investigation inadequate and ordered a new, exhaustive investigation. The subsequent investigation confirmed the serious irregularities in the handling of fiduciary funds and established Cuevas’s habitual absenteeism.

ISSUE

Whether respondent Petronio D. Cuevas, Jr. is administratively liable for the charges against him.

RULING

Yes, the respondent is guilty as charged. The Court emphasized that clerks of court are custodians of court funds and property, holding a position of utmost trust. Their duty to immediately deposit fiduciary collections in authorized government depositories is a stringent, non-negotiable responsibility. The investigation confirmed that Cuevas failed to properly account for and safeguard cash bonds, resulting in a substantial shortage. This failure constitutes gross dishonesty and gross neglect of duty, not mere negligence. The act of personally handling and failing to deposit fiduciary funds is a grave offense that strikes at the heart of judicial integrity.
Furthermore, the investigation substantiated the charge of habitual absenteeism, which undermines court efficiency and public service. Given the gravity of dishonesty, which by itself warrants dismissal, and considering the corroborated gross neglect and absenteeism, the Court imposed the ultimate penalty. Respondent Petronio D. Cuevas, Jr. is DISMISSED from service with forfeiture of all benefits, except accrued leave credits, and with prejudice to reemployment in any government agency. The Court also directed a financial audit of the court involved.