A.M. No. P-14-3194, January 27, 2015
OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. CONSTANTINO P. REDONA, former Clerk of Court II, Municipal Trial Court, Tanauan, Leyte, Respondent.

FACTS

This administrative case arose from a financial audit conducted on the Books of Accounts of the Municipal Trial Court (MTC) of Tanauan, Leyte, prompted by respondent Constantino P. Redoña’s application for separation benefits. The audit covered the accountability periods of Redoña (October 1, 2004 to July 31, 2012) and another officer (August 1, 2012 to February 28, 2013). The audit revealed several irregularities, primarily concerning the Fiduciary Fund (FF). A shortage of ₱71,900.00 was discovered in the FF due to unreported and unremitted collections. This shortage was restituted by Redoña on March 21, 2013. The audit detailed specific instances of misconduct: 1) For a ₱60,000.00 cash bond posted by Dominador Lim in June 2008, only ₱12,000.00 was reported; Redoña cancelled the official receipts (ORs) for the remaining ₱48,000.00, yet a refund of the full ₱60,000.00 was later processed, resulting in an over-withdrawal. 2) He failed to report and deposit various other cash bonds collected in 2009 and 2011 (from Remy Tismo, Bernard Mijares, Chito Cesar, Raymundo Abarca, Ariel Pirante, Florentino Mendoza, and Jayson Cabia), cancelling the corresponding ORs to conceal the missing collections. Redoña offered explanations, such as inadvertence, keeping cash in the office, or posting bail for a friend out of pity. The audit also found delays in the remittance of collections, some for over four years. Other funds (Sheriff’s Trust Fund, Judiciary Development Fund, Special Allowance for the Judiciary Fund, Mediation Fund) showed no remaining shortage after reconciliation, though there were over-remittances and misdeposits.

ISSUE

Whether respondent Constantino P. Redoña is administratively liable for his handling of court funds, particularly for the shortage in the Fiduciary Fund and related acts.

RULING

Yes, the Supreme Court found respondent Constantino P. Redoña GUILTY of GROSS MISCONDUCT, GROSS NEGLECT OF DUTY, and DISHONESTY. The Court emphasized that clerks of court are custodians of court funds and properties and must observe the highest degree of diligence and integrity. Redoña’s acts—failing to report and deposit collections, cancelling official receipts to conceal shortages, allowing over-withdrawals, and giving flimsy excuses—constituted gross dishonesty and gross misconduct, which are grave offenses. His restitution of the shortage did not exonerate him. Since Redoña had already retired from service, the imposable penalty of dismissal could no longer be enforced. Instead, the Court imposed the penalty of forfeiture of all retirement benefits and privileges (except accrued leave credits) and perpetual disqualification from reemployment in any government branch or instrumentality, including government-owned or controlled corporations.