AM P 04 1894; (August, 2005) (Digest)
G.R. No.: A.M. No. P-04-1894. Date: August 9, 2005.
Case Parties/Title: RE: REPORT ON THE FINANCIAL AUDIT ON THE BOOKS OF ACCOUNTS OF MS. ADELINA R. GARROVILLAS, FORMER CLERK OF COURT, MUNICIPAL CIRCUIT TRIAL COURT, TERESA-BARAS, RIZAL. (Office of the Court Administrator vs. Ms. Adelina R. Garrovillas)
FACTS
This is an administrative matter arising from a financial audit conducted by the Office of the Court Administrator (OCA) on the books of accounts of Adelina R. Garrovillas, former Clerk of Court of the Municipal Circuit Trial Court (MCTC) of Teresa-Baras, Rizal, following her compulsory retirement on July 1, 2003. The audit by the OCA’s Accounting Division revealed shortages in the court’s funds under her custody:
1. Clerk of Court General Fund: A shortage of ₱1,735.40.
2. Judiciary Development Fund (JDF): A shortage of ₱2,532.06.
3. Fiduciary Fund: An accountability balance (shortage) of ₱36,326.96.
The total shortage/accountability amounted to ₱40,594.42.
In her explanation, Garrovillas admitted that she used the court’s collections to encash the salary checks of her co-employees to save them from paying rediscounting fees. She claimed she acted in good faith and not for profit. She requested that the total shortage be deducted from her retirement benefits. The OCA found that her practice resulted in delayed remittances and the failure to remit some collections, causing the shortages.
ISSUE
Whether respondent Adelina R. Garrovillas is administratively liable for her actions as Clerk of Court, specifically for the delayed and non-remittance of court collections.
RULING
The Supreme Court found respondent Adelina R. Garrovillas GUILTY of SERIOUS MISCONDUCT and imposed the following penalties:
1. She is FINED the amount of FIVE THOUSAND PESOS (₱5,000.00).
2. She is ORDERED to RESTITUTE the total shortages in her collections amounting to FORTY THOUSAND FIVE HUNDRED NINETY-FOUR PESOS AND FORTY-TWO CENTAVOS (₱40,594.42).
3. The Court DIRECTED the Financial Management Office, OCA, to DEDUCT the total amount of ₱40,594.42 from her retirement benefits to effect restitution.
The Court agreed with the OCA’s findings and recommendation. It held that Garrovillas violated Administrative Circular No. 3-2000, which explicitly prohibits using court collections for encashment of personal or salary checks, and Circular No. 50-95, which mandates the deposit of fiduciary collections within 24 hours. By encashing checks from court funds, she caused unjustifiable delays and failure in remitting collections, which constitutes serious misconduct. The Court emphasized the Clerk of Court’s vital role as custodian of court funds and the duty to deposit collections immediately upon receipt. While such infractions are grave offenses normally punishable by dismissal, the Court, considering her 31 years of service, compulsory retirement, and that this was her first offense, imposed a fine of ₱5,000.00 in addition to the order of restitution.