A.M. No. P-94-1031 - PROVINCIAL AUDITOR EFREN L. DIZON, COMPLAINANT, VS. ATTY. JOSE R. BAWALAN, CLERK OF COURT, REGIONAL TRIAL COURT, BRANCH 23, TRECE MARTIRES CITY.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Court ordered the National Bureau of Investigation (NBI) to arrest the respondent and detain him for five days. [20] It appears, however, from the report of the NBI dated May 7, 2003 that they were unsuccessful in enforcing the Court's order. Atty. Dennis S. Siyhian, Investigation Agent II, Anti-Graft Division, NBI, stated in his report that he and some operatives of the NBI-Anti-Graft Division went to respondent's last station at RTC, Branch 23, Trece Martires City on May 6, 2003 but they learned from the personnel that respondent had ceased reporting to said office since 1992 and they are not aware of respondent's present employment or residence. We agree with the findings and recommendation of the OCA with respect to the Provincial Auditor's charges against respondent. The Court has given the respondent more than enough opportunity to explain his side. He, however, chose to ignore the numerous orders issued by this Court requiring him to file his comment on the charges against him, and even managed to cause this case to drag on for a very long period of time by filing several motions for extension of time to file comment which he never fulfilled. Under this circumstance, we have no other option but to base our conclusions and decision on what is found in the records. [21] The various violations of respondent are very clear from the records. We have often emphasized that the Clerk of Court is an essential officer in any judicial system. His office is the nucleus of activities, adjudicative and administrative. His administrative functions are just as vital to the prompt and proper administration of justice as his judicial functions. As a public servant and as an officer of the court, the Clerk of Court must exhibit at all times the highest sense of honesty and integrity. Respondent's numerous violations of the government auditing rules constitute grave misconduct and make him unworthy of the public trust reposed on him. [22] IN VIEW WHEREOF , respondent Atty. Jose R. Bawalan is DISMISSED from the service with forfeiture of retirement benefits and leave credits to which he may be entitled, if any, with prejudice to his re-employment in any branch of the Government, including government-owned or controlled corporations. Furthermore, the Court reiterates its resolution of March 24, 2003 and directs the NBI to exert utmost effort in locating the present whereabouts of respondent to enforce said resolution. SO ORDERED.