G.R. No. A.M. No. P-00-1381 and A.M. No. P-00-1382. July 31, 2001.
JUDGE EFREN B. MALLARE, MTC-Sto. Domingo, Nueva Ecija, complainant, vs. RONALD ALLAN A. FERRY, Clerk of Court II, MTC Sto. Domingo, Nueva Ecija, respondent.

FACTS

These are consolidated administrative cases filed by Judge Efren B. Mallare against his Clerk of Court, Ronald Allan A. Ferry. In A.M. No. P-00-1381, respondent was charged with Grave Misconduct, Insubordination, Tardiness, and Non-Observance of the Eight-Hour Workday for leaving the office early, refusing to sign the logbook, taking court monthly reports without permission, and defying several memoranda. He was also charged with violating SC Circular No. 50-95 for the late deposit of a P5,000.00 cash bond received on February 26, 1998, which was deposited only on March 10, 1998. In his Answer, respondent denied insubordination, claimed he performed his duties diligently, and alleged that affidavits against him were executed under duress from the complainant.
In A.M. No. P-00-1382, respondent was charged with Grave Misconduct and Gross Dishonesty for failing to deposit as of April 6, 1998 various amounts totaling P16,000.00 received in March and April 1998, and for refusing to surrender the court’s Land Bank Passbook. In his Affidavit-Answer, respondent claimed the directive to surrender the passbook was irregular and illegal, that the P16,000.00 was deposited on May 5, 1998, and that he did not deposit cash immediately due to the impractical distance to the bank. Subsequently, complainant informed the Court of respondent’s malversation of P1,040.00 from a Land Bank check intended for filing fees, which respondent used to pay a personal loan.
The cases were referred for investigation. The Investigating Executive Judge found respondent culpable for insubordination, violation of SC Circular No. 50-95, and dishonesty, particularly for misappropriating the P1,040.00 check, and recommended dismissal.

ISSUE

Whether respondent Ronald Allan A. Ferry is administratively liable for the charges of Insubordination, Violation of SC Circular No. 50-95, Gross Dishonesty, and Grave Misconduct.

RULING

Yes, respondent is administratively liable. The Court adopted the findings and recommendation of the Investigating Judge. Respondent’s defiance of lawful directives and memoranda constituted insubordination. His failure to deposit the P5,000.00 cash bond within 24 hours as required by SC Circular No. 50-95 was a clear violation. Most seriously, his act of encashing and misappropriating the P1,040.00 check intended for court fees constituted gross dishonesty and grave misconduct, amounting to malversation of public funds. His defense of maintaining ready cash for reimbursements was unacceptable and contrary to the rules for handling court funds. Such acts are prejudicial to the best interest of the service and diminish public faith in the judiciary. Accordingly, respondent Ronald Allan A. Ferry is DISMISSED from the service with forfeiture of all leave credits and retirement benefits and with prejudice to re-employment in any government office or agency.