A.M. No. 95-10-06-SCC March 27, 1996
Re: Non-submission of Judge DEMASIRA M. BAUTE, a (former Clerk of Court) Shari’a Circuit Court, Kapatagan, Lanao del Norte, of the Official Cashbooks for Fiduciary Fund, Judiciary Development Fund, Clerk of Court General Fund, Ex-Officio Sheriff General Fund, Sheriff Trust Fund and other related documents.

FACTS

This administrative case concerns former Clerk of Court Demasira M. Baute. An audit revealed that most of his collections from December 1992 to February 1994 were remitted only on January 17, 1996, constituting a delay of several years. Furthermore, he failed to submit a breakdown of the official receipts when he turned over the accounts to the designated officer-in-charge. The Court later received a certification from Judge Baute regarding the properties and accounts he had turned over to the Officer-in-Charge of the Shari’a District Court in Bongao, Tawi-Tawi.

ISSUE

Whether respondent Judge Demasira M. Baute is administratively liable for his failure to timely remit court collections and submit required financial documents.

RULING

Yes, the Court found Judge Baute liable for gross neglect of duty. The legal logic is anchored on his blatant violation of explicit Supreme Court circulars governing the handling of judiciary funds. Administrative Circular No. 5-93 and Circular No. 50-95 mandate the prompt deposit of collections—within twenty-four hours or at specified regular intervals—with the Land Bank of the Philippines or via postal money order. Judge Baute’s actions directly contravened these rules, as he remitted collections approximately four years late without offering any explanation for the delay. His remittance only occurred after a Court resolution compelled compliance. The absence of a breakdown for the official receipts further hampered proper accounting and turnover procedures. This pattern of conduct demonstrates a serious disregard for established financial protocols designed to ensure the integrity and proper custody of court funds. Such negligence undermines public trust in the judiciary’s fiscal management. Consequently, the Court imposed a fine of Twenty Thousand Pesos (P20,000.00) with a stern warning against repetition, to be deducted from his uncollected salaries.