G.R. No. A.M. No. P-00-1372 ; May 16, 2005
Antonina A. Soria, OIC, f.m.o., Office of the Court Administrator, complainant, vs. Clerk of Court Salvador P. Oliveros and Court Stenographer Carlos A. Alandra, Jr., MTC, Naval, Biliran, respondents.

FACTS

This administrative matter stemmed from a prior case where respondent Clerk of Court Salvador P. Oliveros was found guilty of grave misconduct for various financial irregularities, including failure to issue receipts, deposit collections, and remit Judiciary Development Fund (JDF) collections. Following that decision, the presiding judge complained that Oliveros refused to turn over consignation deposits unless subjected to a local audit. The Supreme Court then ordered a comprehensive audit of Oliveros’s accountability.
The audit, which also covered Acting Clerk of Court Carlos A. Alandra, Jr., who had taken over some functions, revealed severe discrepancies. For Oliveros, the audit team found an unaccounted fiduciary fund of P79,800.00 from specific civil cases, unremitted fines, a JDF shortage of P2,813.00, and numerous missing or tampered official receipts. The team also discovered that no formal turnover of accountabilities had been made when Oliveros was relieved.

ISSUE

Whether respondents Salvador P. Oliveros and Carlos A. Alandra, Jr. should be held administratively liable for their failure to properly account for court funds and for acts constituting gross neglect of duty and dishonesty.

RULING

Yes, both respondents are administratively liable. The Court emphasized that clerks of court are custodians of court funds and properties, and their duty to handle them with utmost care is a sacred trust. The audit findings constituted prima facie evidence of their failure to fulfill this duty. Oliveros’s refusal to turn over funds without an audit, coupled with the concrete shortages and missing receipts, demonstrated gross neglect and dishonesty. His actions betrayed the trust reposed in him as an accountable officer.
Regarding Alandra, the audit found an overage in the fiduciary fund, but also revealed a suspicious attempt to cover a shortage by depositing a check that was later returned due to a signature discrepancy. This act, along with his failure to properly turnover the bankbook, indicated dishonesty and gross misconduct. The Court ruled that the respondents’ actions eroded public confidence in the judiciary. For gross neglect of duty and dishonesty, the Court dismissed Salvador P. Oliveros from service with forfeiture of all retirement benefits and perpetual disqualification from reemployment. Carlos A. Alandra, Jr. was likewise dismissed from service with the same accessory penalties. The Court further ordered the Financial Management Office to compute the exact shortages for appropriate restitution.