G.R. No. P-06-2161; September 25, 2012
Atty. Dennis A. Velasco, Petitioner, vs. Myra L. Baterbonia, Respondent.

FACTS

This administrative case originated from a complaint filed by Atty. Dennis A. Velasco, then Clerk of Court of RTC Branch 38 in Alabel, Sarangani Province, against RTC Cash Clerk Myra L. Baterbonia. The complaint alleged that Baterbonia engaged in a scheme of short-changing the government by recording smaller amounts in the duplicate and triplicate copies of official receipts than the amounts actually paid by litigants and appearing on the original receipts issued to them. Atty. Velasco discovered the fraud while checking filing fees, uncovering specific instances where hundreds or thousands of pesos were reduced to mere single-digit entries. Further investigation revealed this practice extended to numerous civil cases, with an initial estimated misappropriation of ₱43,964.80. Baterbonia allegedly admitted to the misdeeds upon confrontation.
The Office of the Court Administrator (OCA) conducted a financial audit, which uncovered massive discrepancies. The audit team found that Baterbonia failed to record and remit hundreds of thousands of pesos intended for the Judiciary Development Fund, the Special Allowance for the Judiciary Fund, the General Fund, and the Sheriff’s General Fund. The total computed shortage amounted to ₱231,699.03. The audit also found an additional ₱36,000.00 in withdrawn confiscated bonds that were not deposited. The OCA recommended that Baterbonia be found guilty of dishonesty and gross misconduct and be dismissed from service.

ISSUE

Whether respondent Myra L. Baterbonia is administratively liable for her actions, and if so, what is the appropriate penalty.

RULING

Yes, respondent is administratively liable. The Supreme Court found Myra L. Baterbonia guilty of dishonesty and gross misconduct. The legal logic is grounded on the fundamental principle that court personnel serve as sentinels of justice, and their conduct must be characterized by the highest degree of integrity and probity. Dishonesty, defined as a disposition to lie, cheat, or defraud, and gross misconduct, which implies a wrongful intention and a transgression of established rules, are grave offenses under civil service rules. Baterbonia’s deliberate scheme of falsifying official receipts to misappropriate court funds constitutes a blatant betrayal of this sacred trust. It directly undermines public confidence in the judiciary and constitutes fraud against the government.
The Court emphasized that the act of defrauding the Judiciary is among the most serious administrative offenses. Such actions cannot be countenanced as they erode the very foundation of the judicial system. Given the gravity of the offenses, which involve moral turpitude, the penalty of dismissal is not only appropriate but imperative. The law prescribes dismissal for a first offense of grave misconduct. Accordingly, the Court dismissed Baterbonia from service with forfeiture of all retirement benefits (except accrued leave credits) and with prejudice to re-employment in any government agency. She was also ordered to restitute the full amount of ₱231,699.03. Furthermore, the Court directed the OCA to initiate her criminal prosecution for estafa through falsification of public documents.