A.M. No. P-04-1903. September 10, 2013. OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. DONABEL M. SAVADERA, MA. EVELYN M. LANDICHO, CONCEPCION G. SAYAS, ATTY. CELSO M. APUSEN and ATTY. SHEILA ANGELA P. SARMIENTO, Respondents.
FACTS:

This administrative case stemmed from a financial audit of the Office of the Clerk of Court (OCC), RTC Lipa City, covering the tenures of former Clerk of Court Atty. Celso M. Apusen and his successor, OIC Atty. Sheila Angela P. Sarmiento. Atty. Sarmiento, preoccupied with her duties as Branch Clerk, delegated collection duties to respondent Donabel M. Savadera, with respondents Ma. Evelyn M. Landicho and Concepcion G. Sayas acting as alternate collectors. The audit revealed massive cash shortages initially quantified at over ₱1.2 million, along with missing and tampered official receipts and deposit slips.
The audit uncovered a systematic scheme of misappropriation. Collecting officers Savadera, Landicho, and Sayas deliberately failed to record collections promptly. They manipulated official receipts by using carbon paper to prevent the true date of collection from appearing on duplicate copies, later stamping a false date to synchronize with belated deposits. This practice concealed the prolonged withholding and personal use of court funds. Landicho admitted taking ₱80,000 from her collections, and all three respondents acknowledged the shortage while accusing each other.

ISSUE

Whether respondents Savadera, Landicho, Sayas, and Atty. Apusen are administratively liable for the cash shortages and irregularities in the handling of judiciary funds.

RULING

Yes. The Court found respondents Savadera, Landicho, and Sayas guilty of grave misconduct, dishonesty, and gross neglect of duty, warranting dismissal from service with forfeiture of all benefits and perpetual disqualification from reemployment. Their actions constituted a clear breach of the high standards of integrity demanded of court personnel. The deliberate manipulation of receipts to conceal shortages is dishonesty of the highest order, directly prejudicing the administration of justice. Their admissions and the audit findings constitute substantial evidence of guilt.
Atty. Celso M. Apusen, as the former Clerk of Court and accountable officer, was found liable for gross neglect of duty for failing to supervise the collections and ensure the proper and timely remittance of court funds during his tenure, resulting in substantial shortages. He was ordered to restitute the amount of ₱1,823,725.91. Conversely, Atty. Sheila Angela P. Sarmiento was absolved of liability. The Court found that the shortages occurred due to the fraudulent acts of the subordinate collecting officers who deliberately concealed their manipulations. As OIC who had properly delegated collection duties and had no direct participation in or knowledge of the scheme, she could not be held administratively accountable for their criminal acts. The decision underscores the fiduciary nature of handling court funds and the severe consequences for its violation.