A.M. No. P-06-2253 (Formerly A.M. No. 06-9-297-MTC) - THE OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, V. ELIZABETH R. TENGCO, CLERK OF COURT II, MUNICIPAL TRIAL COURT, STA. CRUZ, LAGUNA.

Ruling

WHEREFORE , we find respondent Elizabeth R. Tengco liable for gross dishonesty and grave misconduct, and order the forfeiture of her retirement benefits. She is BARRED from future re-employment in any branch, agency or instrumentality of the government, including government-owned or controlled corporations. The Financial Management Office, Office of the Court Administrator is hereby DIRECTED to process the terminal leave benefits of respondent, dispensing with the documentary requirements, and REMIT to the Municipal Trial Court, Sta. Cruz, Laguna the amounts of P50,300.00 representing collections for the JDF and P25,225.00 representing collections for the SAJ Fund, or the total amount of P75,525.00. The release of the remaining P103,080.72 of the terminal leave benefits of respondent shall be held in abeyance pending the resolution of Judge Elpidio R. Calis v. Elizabeth R. Tengco and Office of the Court Administrator v. Elizabeth R. Tengco . Respondent Tengco is hereby DIRECTED to PAY complainant Jonathan A. Rebong, the P324,475.00 excess fees she collected from the latter. The Legal Division of the Office of the Court Administrator is likewise DIRECTED to INITIATE appropriate criminal proceedings against respondent Tengco, with deliberate dispatch. And with the Court's actions in the consolidated cases of A.M. Nos. P-06-2253 and P-07-2360, the OCA recommended that: This report be docketed as an administrative complaint against former Clerk of Court Elizabeth R. Tengco, MTC, Sta. Cruz, Laguna; The Financial Management Office, Office of the Court Administrator be DIRECTED to: PROCESS the remaining balance of the previously computed monetary value of the earned leave credits of respondent Elizabeth R. Tengco, dispensing with the documentary requirements in the amount of P103,080.72, and REMIT to the Municipal Trial Court, Sta. Cruz, Laguna, as partial restitution of the shortages incurred in the Fiduciary Fund; COORDINATE with the Fiscal Monitoring Division, Court Management Office, (FMD, CMO) OCA, before the release of the checks issued in favor of MTC, Sta. Cruz, Laguna for the FMD, CMO, OCA to prepare the necessary communication to the incumbent Clerk of Court of MTC, Sta. Cruz, Laguna, and to furnish the FMD, CMO, OCA with a copy of the machine validated deposit slip as proof of partial restitution of the shortages incurred in the Fiduciary Fund account, in order to finalize the herein audit; and Ms. Elizabeth R. Tengco , former Clerk of Court II of the Municipal Trial Court, Sta. Cruz, Laguna, be DIRECTED within ten (10) days from notice to PAY and DEPOSIT the amount of P774,603.991, P569,851.39, P124,595.40, P64,866.00 and P1,000.00 representing shortages in the FF, JDF, SAJF, GF and MF, respectively, by depositing said amounts to their respective accounts. [16] Acting on the findings and recommendation of the OCA, the Court issued a Resolution [17] dated October 21, 2013 noting the foregoing Memorandum Report dated March 9, 2012; re-docketin