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JurisprudenceA.M. NO. P-03-1739

A.M. NO. P-03-1739 - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. AUSTRIA-MARTINEZ, NORMALYN P. NACURAY, CLERK III, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, MANILA, PROMULGATED:.DECISION - Supreme Court E-Library

En Banc

Cited Laws

RA 246,RA 471,RA 387,RA 6713,RA 278,RA 506,RA 1,RA 520,RA 389,RA 150,RA 386,RA 142,
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TL;DR — Ruling

WHEREFORE, respondent Normalyn P. Nacuray is found GUILTY of gross dishonesty and grave misconduct and is DISMISSED from the service, effective immediately. All benefits -- except accrued leave credits, if any -- are also FORFEITED, with prejudice to her reemployment in any branch or instrumentality of the government, including any government-owned and -controlled corporation.

Decision

Ruling

WHEREFORE, respondent Normalyn P. Nacuray is found GUILTY of gross dishonesty and grave misconduct and is DISMISSED from the service, effective immediately. All benefits -- except accrued leave credits, if any -- are also FORFEITED, with prejudice to her reemployment in any branch or instrumentality of the government, including any government-owned and -controlled corporation. She is further ORDERED to restitute the amount of seven hundred seventy-seven thousand seven hundred seventy-three pesos and eighty-six centavos (P777,773.86). The Employee's Division, Office of the Administrative Services-OCA, is likewise DIRECTED to compute the balance of the earned leave credits of respondent and to forward it to the Finance Division, Fiscal Management Office-OCA, which shall compute the money value of the balance, as well as other benefits that she may be entitled to, to be included as partial restitution of the computed shortages. The OCA is also ORDERED to coordinate with the prosecution arm of the government to ensure the expeditious prosecution of her criminal liability. Judge Jesusa P. Maningas of MeTC, Branch 24, Manila, has not yet complied with this Court's August 18, 2003 Resolution on the instant case. Hence, she is DIRECTED to SHOW CAUSE, within ten (10) days from notice, why she should not be held in CONTEMPT for her failure to comply with that Resolution; and to SUBMIT, within the same period, the official receipts issued during her incumbency as Clerk of Court of the RTC, Manila, for the period listed below: FUND PERIOD JDF October 11 - November 20, 2002 FF October 10 - November 20, 2002 GF October 12 - November 27, 2002. SO ORDERED.