AM P 22 058; (June, 2023) (Digest)
G.R. No. A.M. No. P-22-058 (Formerly JIB FPI No. 22-087-P), June 27, 2023
Office of the Court Administrator, Complainant, vs. Charlibeth P. Sicad, Clerk III, Office of the Clerk of Court, Metropolitan Trial Court, Makati City, Respondent.
FACTS
The Office of the Court Administrator (OCA) charged respondent Charlibeth P. Sicad, Clerk III at the Cashier Unit of the Office of the Clerk of Court, Metropolitan Trial Court (MeTC), Makati City, with gross misconduct and dishonesty. This arose from the theft of PHP 277,000.00 from court collections on February 3, 2022. On that day, the cashier on duty, Kim Ericka D. Dela Cruz, was lured away from her post by a call from an alleged Lalamove rider. Before leaving, she asked respondent to stay at the cashier post. Upon Dela Cruz’s return, respondent pointed out fake bills in the money drawer. An investigation revealed that only PHP 34,299.07 remained from the day’s total collection of PHP 311,299.07. During a search, police officers found the missing PHP 277,000.00 in a black pouch near a filing cabinet where respondent had been seen acting suspiciously. A criminal case for qualified theft was filed against respondent. The OCA recommended preventive suspension, which the Court En Banc ordered. Despite notices, respondent failed to file her comment on the administrative complaint.
ISSUE
Whether respondent Charlibeth P. Sicad is administratively liable for gross misconduct, dishonesty, and commission of a crime involving moral turpitude.
RULING
Yes, respondent is administratively liable. The Court adopted the findings and recommendation of the Judicial Integrity Board (JIB). Respondent’s failure to file her comment constituted a waiver of her right to participate in the proceedings. Substantial evidence established that respondent stole the court collections. The act of theft constitutes gross misconduct, serious dishonesty, and a crime involving moral turpitude, which are grave offenses under the Code of Conduct for Court Personnel. As a court employee, respondent is held to the highest standards of integrity and honesty. Her actions betrayed public trust and undermined the judiciary’s integrity. Accordingly, the Court DISMISSED respondent Charlibeth P. Sicad from service with FORFEITURE of all retirement benefits, except accrued leave credits, and with PREJUDICE to re-employment in any government branch or agency.