A.M. No. P-05-2082 (FORMERLY A.M. NO. 05-8-534-RTC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. CLERK OF COURT HERMENEGILDO I. MARASIGAN, REGIONAL TRIAL COURT, KABACAN, NORTH COTABATO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, Clerk of Court Hermenegildo I. Marasigan, Regional Trial Court, Kabacan, North Cotabato, is hereby found LIABLE for gross neglect of duty and is DISMISSED from the service, with FORFEITURE of all leave credits and his retirement benefits with prejudice to re-employment in any government office, including government-owned and controlled corporations. The Financial Management Office, Office of the Court Administrator is directed to process the respondent's accrued leave credits, dispensing with the documentary requirements, and to remit the cash value of this benefit to the Fiduciary Fund Account of the Regional Trial Court, Kabacan, North Cotabato, to answer for his shortages. Hermenegildo I. Marasigan is directed to RESTITUTE the amount of One Million Seven Hundred Forty-Seven Thousand Seven Hundred Fifteen Pesos and Two Centavos (P1,747,715.02), representing the amount of shortages as stated in the Report dated October 7, 2008 of the Office of the Court Administrator, hereby summarized as follows: Fund Amount of Shortage JDF P 327,463.89 GF 93,574.07 SGF 1,108.00 SAJF 5,042.50 FF 1,320,526.56 TOTAL P1,747.715.02 The Court hereby declares the forfeiture of all the respondent's accrued leave credits whose monetary value shall be applied to the amount ordered to be restituted. The Legal Office, Office of the Court Administrator is directed to file the appropriate cases against the respondent for the recovery of the remaining shortages not covered by the monetary value of the respondent's accrued leave credits. Further, the Court hereby DIRECTS the Office of the Court Administrator to SUBMIT , as required in OCA Circular No. 88-2007, the written report on the pilot testing of the amended rule and its implementing guidelines, for the Court to determine whether the check payment system should now be adopted in all courts, within ninety (90) days from notice. SO ORDERED.