G.R. No. A.M. No. P-07-2338. April 7, 2010.
Jonathan A. Rebong, Complainant, vs. Elizabeth R. Tengco, Clerk of Court, Municipal Trial Court, Sta. Cruz, Laguna, Respondent.

FACTS

Complainant Jonathan Rebong filed criminal complaints for violation of B.P. Blg. 22. Respondent Clerk of Court Elizabeth Tengco quoted and collected a total of ₱400,000.00 in cash from him for the filing fees of three cases. She issued only photocopies of several official receipts, promising to deliver the originals later. The complainant later discovered the fees were grossly excessive after inquiring at other courts. He demanded the original receipts, but respondent failed to provide them, presented only a handwritten list of expenses, and subsequently absented herself from work and could not be located.
An investigation by the Executive Judge of the RTC of Sta. Cruz, Laguna was conducted. Respondent, despite due notice, failed to appear at any hearing. The Officer-in-Charge of the MTC certified that the original receipts were in respondent’s sole possession and not surrendered to the court, despite memoranda directing her to do so. The investigation found that the legally computable fees for the three cases totaled only ₱75,525.00.

ISSUE

Whether respondent Clerk of Court is administratively liable for her actions concerning the collection and misappropriation of court filing fees.

RULING

Yes, respondent is guilty of grave misconduct and dishonesty, warranting dismissal from service. The Supreme Court affirmed the findings of the investigating judge. The legal logic is clear: a clerk of court is a fiduciary of court funds and must observe the highest standards of integrity. Respondent’s acts of collecting an exorbitant cash amount far beyond the legal fees, issuing only photocopied receipts, failing to account for and deposit the funds, and subsequently absconding constitute a blatant breach of this sacred duty. Her failure to appear and explain despite notice is a waiver of her right to be heard and implies guilt.
The Court emphasized that clerks of court are accountable for all monies collected and must deposit them daily pursuant to the Manual for Clerks of Court. Respondent’s actions—failing to issue original receipts, misappropriating the difference between the amount collected (₱400,000.00) and the actual fees due (₱75,525.00), and refusing to surrender the records—demonstrate dishonesty and conduct grossly prejudicial to the administration of justice. Such misconduct erodes public trust in the judiciary. The penalty of dismissal with forfeiture of all benefits, except accrued leave credits, and perpetual disqualification from re-employment in government is imposed. The Court also ordered her to restitute the excess fees and directed the initiation of criminal proceedings.