A.M. No. P-14-3257, July 22, 2015
Office of the Court Administrator, Complainant, vs. Jose V. Mendoza, Clerk of Court II, Municipal Trial Court, Gasan, Marinduque, Respondent.

FACTS

The Office of the Court Administrator (OCA) commenced an administrative case against respondent Jose V. Mendoza, Clerk of Court II of the Municipal Trial Court (MTC) in Gasan, Marinduque, for dereliction of duty. The Financial Management Office (FMO) reported that Mendoza repeatedly failed to submit his monthly financial reports for the Judiciary Development Fund (JDF), Fiduciary Fund (FF), Special Allowance for the Judiciary Fund (SAJ), and General Fund (GF) despite several directives and show-cause orders. His salaries were withheld starting July 2008 after a recommendation approved by then Chief Justice Reynato S. Puno. Upon his submission of reports and an explanation citing his voluminous workload and additional duties as a Court Interpreter, his salaries were released in December 2009, and he was severely reprimanded. However, he again failed to submit subsequent reports, leading to the withholding of his salaries starting October 2012. Mendoza cited family problems and a nerve disease as reasons. An audit team found no shortage of funds in the court’s accounts and noted proper filing of records, but confirmed the delayed submission of reports. Mendoza eventually submitted all required reports up to February 2014 (and GF up to the first quarter of 2014).

ISSUE

Whether respondent Jose V. Mendoza is administratively liable for his repeated failure to submit the required monthly financial reports on time.

RULING

Yes, the Supreme Court found respondent Jose V. Mendoza GUILTY of Simple Neglect of Duty. The Court adopted the OCA’s findings that Mendoza violated OCA Circular No. 113-2004, which mandates the timely submission of Monthly Reports of Collections and Deposits. The Court rejected his excuse of voluminous workload, stating he could have delegated tasks to subordinates. While the audit showed no shortage of funds, absolving him from gross neglect, his repetitive non-compliance constituted simple neglect. The Court did not consider it his first infraction but appreciated mitigating circumstances such as lack of bad faith, his years in service, and the absence of fund shortages. Instead of suspension, the Court imposed a FINE of Five Thousand Pesos (₱5,000.00) with a stern warning. The Court also ordered: (1) Mendoza to submit to a medical examination by the Supreme Court Medical Services to determine his fitness for duty; (2) the Finance Division, FMO-OCA to release his withheld salaries and allowances after deducting the fine, given his eventual compliance; and (3) the Presiding Judge of MTC Gasan to strictly supervise his accountable officer to ensure compliance with circulars on handling judiciary funds.