VIRGILIO O. GALLANO, COMPLAINANT, VS. ATTY. GRACIANO D. CUANICO, JR., CLERK OF COURT, AND SONIA L. DY, SOCIAL WELFARE OFFICER II, BOTH FROM THE OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT,CATARMAN, NORTHERN SAMAR.

Ruling

WHEREFORE , the foregoing premises considered, the Court finds: (1) ATTY. GRACIANO D. CUANICO, JR. liable for Simple Neglect of Duty, and is SUSPENDED from office for six (6) months effective immediately. He is STERNLY WARNED that a repetition of the same or a similar offense shall be dealt with more severely; and (2) SONIA L. DY and DIVINA D. MENDEZ both guilty of Dishonesty, and are DISMISSED from the service with forfeiture of all retirement benefits, except leave credits, with disqualification from reemployment in any government office, including government owned or controlled corporations. SONIA L. DY is hereby ORDERED to IMMEDIATELY RESTITUTE the balance of the shortage incurred in the Fiduciary Fund amounting to P2,576,586.44. The FISCAL MANAGEMENT OFFICE, OFFICE OF THE COURT ADMINISTRATOR, is ORDERED to process the terminal leave pay of Sonia L. Dy, dispensing with the usual documentation requirements, and to APPLY the same as part of the restitution of the shortages in the Judiciary Development Fund and Fiduciary Fund. The OFFICE OF THE COURT ADMINISTRATOR is also DIRECTED to file the appropriate criminal action against respondents Sonia L. Dy and Divina D. Mendez. EXECUTIVE JUDGE NORMA MEGENIO CARDENAS is REMINDED to exercise effective supervision over the personnel of her court, especially those charged with the collection of the Fiduciary Fund and other Trust Funds. SO ORDERED.