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JurisprudenceA.M. No. P-10-2800

A.M. No. P-10-2800 [Formerly A.M. No. 10-5-66-MTC] - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. MRS. AURORA T. ZUÑIGA, CLERK OF COURT II, MRS. MINDA H. CERVANTES, STENOGRAPHER 1, BOTH OF MUNICIPAL TRIAL COURT (MTC) VIRAC, CATANDUANES, AND MR. PEPITO F. LUCERO, INTERPRETER III, REGIONAL TRIA

En Banc

Cited Laws

RA 552,RA 486,
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TL;DR — Ruling

WHEREFORE , finding respondent Aurora T. Zuñiga, Clerk of Court II, Municipal Trial Court, Virac, Catanduanes, GUILTY of DISHONESTY , the Court hereby DISMISSES her from the service effective immediately. All her retirement benefits, except accrued leave benefits, are forfeited and she is barred from re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations.

Decision

Ruling

WHEREFORE , finding respondent Aurora T. Zuñiga, Clerk of Court II, Municipal Trial Court, Virac, Catanduanes, GUILTY of DISHONESTY , the Court hereby DISMISSES her from the service effective immediately. All her retirement benefits, except accrued leave benefits, are forfeited and she is barred from re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations. Thus, the Court DIRECTS : A] The Financial Management Office ( FMO ) of the Office of the Court Administrator to: 1) PROCESS the monetary value of the terminal leave benefits of Aurora T. Zuñiga, dispensing with the usual documentary requirements, and apply the same to the following shortages: Name of Fund Period Covered Amount Judiciary Development Fund Sep. 29, 1988-Nov. 13, 1995 P2,013.90 Judiciary Development Fund Jan. 26, 1996-Oct. 31, 2006 3,070.40 Special Allowance for the Judiciary Fund Nov. 11, 2003-Oct. 31, 2006 4,364.20 Fiduciary Fund Jul. 10, 2007-Mar. 31, 2008 269,363.35 Fiduciary Fund (Unauthorized FF withdrawals due to insufficient documentations) Jun. 26, 1992-Dec. 31, 1995 134,050.00 Total P412,861.85 and ORDER her to restitute the remaining shortages, the monetary value of her earned leave credits being insufficient to cover the aforementioned shortages; and 2) COORDINATE with the Fiscal Monitoring Division, Court Management Office ( CMO ), OCA, before the processing of the checks to be issued in favor of the Fiduciary Fund account of the MTC, Virac, Catanduanes, and for the preparation of the necessary communication with the incumbent Clerk of Court/Officer-in-Charge thereat. B] The Office of the Administrative Services, OCA, to PROVIDE the Financial Management Office with the following documents (pertaining to Zuñiga) for the said Office to comply with item No. 1 above: 2.1 Official Service Record; 2.2 Certification of Leave Credits; and 2.3 Notice of Salary Adjustment ( NOSA ), if any. C] The Legal Office, OCA, to file the appropriate criminal charges against respondent Aurora T. Zuñiga. SO ORDERED.