G.R. No.: A.M. No. P-05-2083 and A.M. No. P-06-2263
Date: September 6, 2011

Case Parties/Title:
OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. ELSIE C. REMOROZA, Clerk of Court, Municipal Trial Court, Mauban, Quezon, Respondent. (A.M. No. P-05-2083)
OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. JOSEFINA NERI N. ALPAJORA, Respondent. (A.M. No. P-06-2263)

FACTS

On February 28, 2005, an Audit Team conducted a financial audit of the accountabilities of officials of the Municipal Trial Court of Mauban, Quezon: Clerk of Court II Elsie C. Remoroza (accountable from September 23, 2004 to February 2005), former Officer-in-Charge Anaceto T. Obeña (accountable from January 2003 to September 22, 2004), and former Officer-in-Charge Josefina Neri-Alpajora (accountable from September 2001 to December 2002). The audit revealed a shortage of ₱160,221.00 in Remoroza’s collections. Furthermore, the subsidiary ledgers showed that all three respondents failed to submit their monthly reports of collections, deposits, and withdrawals for the Judiciary Development Fund (JDF), General Fund (GF), Special Allowance for the Judiciary Fund (SAJF), and Fiduciary Fund (FF).
On October 5, 2005, the Court issued resolutions directing the respondents to explain and restitute shortages and submit missing reports. Respondent Alpajora submitted her explanation, claiming she had accounted for and remitted all collections to Remoroza, and submitted the required monthly reports along with a certification from Remoroza. Respondent Obeña claimed his appointment was a mere “paper” designation as Remoroza continued the work during her suspension, and he reported compliance with the restitution and submission orders. The cases of Alpajora and Obeña were referred to the Office of the Court Administrator (OCA), which recommended penalties, and the Court subsequently found them guilty of simple neglect of duty, imposing fines and ordering restitution, which they complied with.
The remaining case concerns respondent Remoroza. The OCA noted that Remoroza had been previously found guilty of simple neglect of duty in an earlier administrative case (A.M. 01-4-133-MTC) for similar offenses and was suspended and fined. In the present case, the OCA found her guilty of gross dishonesty and grave misconduct, recommending dismissal. Remoroza incurred huge shortages totaling ₱222,817.00 across four funds within five months of returning to work, repeatedly failed to submit required explanations despite extensions, and snubbed the Court’s show-cause order.

ISSUE

Whether respondent Elsie C. Remoroza committed a breach of duty in her capacity as Clerk of Court by failing to account for and deposit court funds without delay and by failing to render the corresponding monthly reports of collections, deposits, and withdrawals.

RULING

The Court found respondent Elsie C. Remoroza GUILTY of gross dishonesty and gross neglect of duty. The Court agreed with the OCA’s recommendation and dismissed her from the service with forfeiture of all leave credits and retirement benefits, and with prejudice to reemployment in any government branch or instrumentality. The Court also ordered the forfeiture of her accrued leave credits to be applied as part of the restitution for her shortages in the JDF (₱10,583.60), GF (₱18,952.00), SAJF (₱25,281.40), and FF (₱168,000.00). Should the leave credits be insufficient, the OCA was directed to file the appropriate case for recovery of the unremitted amounts.
The Court emphasized that Remoroza was a repeat offender, having committed the same offenses for which she was previously penalized, and demonstrated incorrigibility. Her actions, including incurring substantial shortages shortly after returning to work and defying court orders, showed extreme insolence and arrogance, making her unfit for government service. The Court stressed that dishonesty and malversation involving court funds cannot be countenanced as they diminish public trust in the judiciary.