A.M. No.P-95-1155

Ruling

WHEREFORE, IN VIEW OF THE FOREGOING, this Office respectfully recommends the following: "a) that Record Officer Josephine Calaguas of the Office of the Clerk of Court, MTCC, Angeles City, be DISMISSED from the service for gross dishonesty, with forfeiture of all benefits due her and prejudice to re-employment in any government agency including government-owned or controlled corporation; "b) that Clerk of Court Jesus Miranda of MTCC, Angeles City, be STRONGLY REPRIMANDED, for his negligence to duly supervise his personnel, and further be DIRECTED to be more careful and diligent in the performance of his duty; "c) that incumbent Clerk of Court Alma Mamaril of MCTC, Sto. Tomas-Minalin, Pampanga, be EXONERATED, for whatever administrative liability relative to JDF collections of her predecessors; and "d) that the Provincial Prosecutor of Pampanga be INFORMED of the findings and report on the misappropriation of former Clerk of Court Rhodora Reyes, for the filing of any appropriate criminal action against her." Administrative Circular No. 31-90, [1] dated 15 October 1990 provides that amounts accruing to the JDF shall be deposited daily with an authorized government depository bank, or private bank owned or controlled by the government as so specified by the Chief Justice, [2] "for the account of the Judiciary Development Fund, Supreme Court, Manila." If daily deposit is not possible, deposit for the Fund shall be made every second and third Fridays and at the end of every month; provided, however, that whenever collections for the Fund reach P500.00, the amount should be deposited immediately even before the above-indicated dates. If there is no authorized depository bank at the place where the court is stationed, the collections are to be sent by postal money order payable to the Chief Accountant of the Supreme Court. Calaguas admittedly has failed to remit her JDF collections on time. The fact that she did ultimately restore the full amount misappropriated certainly cannot in full exonerate her from liability. The Court must reiterate that a public office is a public trust. A public servant is expected to exhibit, at all times, the highest degree of honesty and integrity [3] and should be made accountable to all those whom he serves. MTCC Angeles City Clerk of Court Jesus Miranda himself has shown indifference in handling this problem. The fact that he has not been directly tasked with JDF collections does not excuse him from his duty to oversee and supervise court personnel within his area of responsibility. WHEREFORE, the Court, finding Josephine Calaguas guilty of dishonesty, imposes on her the penalty of DISMISSAL from the service with forfeiture of all her leave credits and retirement benefits, with prejudice to re-employment in any government agency, including government-owned or controlled corporation, thereby cancelling her civil service eligibility, if any, in accordance with Section 9, Rule XIV, of the Omnibus Rules Implementing Book V of