A.M. No. SDC-14-7-P (Formerly A.M. No. 14-09-01-SC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ASHARY M. ALAUYA, CLERK OF COURT VI, SHARI'A DISTRICT COURT, MARAWI CITY, LANAO DEL SUR.DECISION - Supreme Court E-Library

Ruling

Accordingly, Judge Balindong designated Ms. Guro as financial custodian to handle the financial transactions of SDC, Marawi City, effective 6 September 2013. [7] Along with the Office Order is a directive to Mr. Alauya to immediately tum-over all unremitted collections to Ms. Guro. Consequently, on 10 September 2013 Mr. Alauya turned-over the P100,000.00 to Ms. Guro, who subsequently deposited the same to the OCC, RTC, Marawi City, as evidenced by the Official Receipt [8] issued by the said office. II. Inventory of Used and Unused Official Receipts Based on the list of Official Receipts (ORs) requisitioned from the Property Division, Office of the Administrative Services (OAS), OCA, [9] the following ORs are unaccounted for and were not found in the office files, to wit: a) 2344251 - 2344300 h) 2344601 - 2344607 b) 2344301 - 2344350 i) 2344651 - 2344654 c) 2344351 - 2344400 j) 2344776 - 2344800 d) 2344403 - 2344450 k) 166851 - 166858 e) 2344501 - 2344550 l) 2344734, 2344735, 2344739 f) 2344551 - 2344600 m) 18590902 g) 2344451 - 2344486 The missing ORs, particularly 2344251-2344400; 2344501-2344600; and 2344651-2344654 were also included in Administrative Matter No. 02-4-03-SDC, previously filed againsMr. Alauya, where he was found guilty of gross neglect of duty in the custody of court property and was suspended for eighteen (18) months. [10] III. Filing Fees In view of the unaccounted ORs and the possibility of its issuance in the collection of filing fees, the audit team conducted an examination of all available case records of the SDC, Marawi City. Accordingly, the team found discrepancies on some original ORs of filing fees and Legal Fees Forms (LFF) attached to the case records from 2003 to the present. The LFF data gathered were compared with the available triplicate and original copies of ORs. It was found out that several OR numbers were used in two (2) different transactions. It also disclosed that the LFF was falsified to make it appear that the filing fees were properly receipted. Mr. Alauya assigned receipt numbers in the LFF even without actual issuance of OR. As evidenced by the copy of ORs and LFF on file, Mr. Alauya received payments of filing fees for Civil Case Nos. 132-10, 140-10, 126-10, 136-10, 141-10, 162-11, 153-10, 169-11, 179-11, 185-11, 187-12 and 194-12. Instead of issuing ORs, he assigned spurious ORs in the LFF, using either an already issued or unissued OR. The sched les of payments are hereunder presented as evidence of the anomaly: SCHEDULE 1 - Falsified LFF for Case No. 132-10 [11] OR# Data per OR Falsified LFF - Case# spl 132-10 Payor Date Fund Amount Payor Date Fund Amount 18590696 B. Amintao 3.15.10 SAJ 1,600.00 M. Marohom 3.25.10 SAJ 1,432.00 18590697 SAJ 288.00 SAJ 144.00 18591059 JDF 112.00 JDF 568.00 18591060 S. Abdulsamad 3.8.10 JDF 624.00 JDF 56.00 0223732 B. Pangcatan 5.5.10 LRF 387.00 LRF 20.00 TOTAL 3,011.00 2,220.00 SCHEDULE 2- Falsified LFF for Case No. 140-10 [12] OR# Data per OR Falsified LFF - Cas