G.R. No. A.M. No. P-11-2959 and A.M. No. P-14-3230. February 6, 2018. OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. ALMA P. LICAY, Clerk of Court II, Municipal Circuit Trial Court, San Juan-San Gabriel, La Union, Respondent.
FACTS:

These consolidated administrative cases involve respondent Alma P. Licay, Clerk of Court of the Municipal Circuit Trial Court (MCTC) in San Juan, La Union. In A.M. No. P-14-3230, the Office of the Court Administrator (OCA) reported Licay’s persistent failure to submit required Monthly Financial Reports for various judiciary funds—namely, the Judiciary Development Fund (JDF), Special Allowance for the Judiciary (SAJ), Fiduciary Fund (FF), and Sheriff’s Trust Fund (STF)—despite repeated directives and warnings from 2007 onward. The Court issued multiple resolutions ordering her compliance and imposed fines for her continued defiance, which she paid but without submitting the overdue reports. Concurrently, A.M. No. P-11-2959 arose from a financial audit of the same court, which uncovered shortages in judiciary collections and the undocumented withdrawal of cash bonds under Licay’s accountability. The audit revealed a failure to properly account for and document fiduciary transactions, leading to unremitted funds.

ISSUE

The primary issue is whether respondent Licay is administratively liable for her actions, and if so, what is the appropriate penalty.

RULING

The Court found respondent Licay GUILTY of grave misconduct and gross neglect of duty in A.M. No. P-14-3230 and DISMISSED her from service. In A.M. No. P-11-2959, she was held accountable for the financial irregularities. The legal logic is grounded in the high standards of integrity and accountability required of court personnel, especially those handling fiduciary funds. A Clerk of Court acts as a fiduciary and is bound by stringent rules for the safeguarding and accurate reporting of court collections. Licay’s continuous failure to submit mandatory financial reports constituted gross neglect of duty, demonstrating a blatant disregard for lawful orders and administrative circulars. This obstinate refusal, despite repeated court directives and imposed fines, escalated her misconduct to gross insubordination and disrespect for judicial authority. Furthermore, the audit findings in the other case confirmed her failure in her fiduciary role, resulting in shortages and undocumented withdrawals. Such acts erode public trust in the judiciary. Given the gravity of the offenses, which involve both dereliction of duty and financial mismanagement, dismissal from service is the commensurate penalty under prevailing jurisprudence to preserve the integrity of the judicial system. The Court also ordered restitution for the undocumented cash bonds and directed the filing of appropriate civil and criminal cases should she fail to comply.