A.M. No. P-18-3902 (Formerly A.M. No. 18-09-86-MTCC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. MS. MAXIMA Z. BORJA, CLERK OF COURT IV; AND MS. MARRIANE D. TUYA, SHERIFF III/FORMER CASH CLERK, BOTH OF THE MUNICIPAL TRIAL COURT IN CITIES (MTCC), KORONADAL CITY, SOUTH COTABATO.

Ruling

WHEREFORE , the Court: 1. FINDS respondent Maxima Z. Borja, Clerk of Court IV, Municipal Trial Court in Cities, Koronadal City, South Cotabato, GUILTY of simple neglect of duty and imposes upon her the penalty o f SUSPENSION for a period of three (3) months without pay, with a STERN WARNING that a repetition of the same or similar acts will be dealt with more severely; 2. FINDS respondent Marriane D. Tuya, Sheriff III/Former Cash Clerk, Municipal Trial Court in Cities, Koronadal City, South Cotabato, GUILTY of grave misconduct and serious dishonesty. Accordingly, her retirement and other benefits, except accrued leave credits, are FORFEITED , and she is PERPETUALLY DISQUALIFIED from re-employment in any government agency or instrumentality, including any government-owned and controlled corporation or government financial institution, as penalty for her offense, in lieu of dismissal which the Court can no longer impose; 3. DIRECTS respondents Maxima Z. Borja and Marriane D. Tuya to jointly and solidarily PAY to the Judiciary Development Fund the amount of P151,322.90, representing unearned interest computed at six percent (6%) per annum ; [42] and 4. DIRECTS Presiding Judge Edwin L. Diez, Municipal Trial Court in Cities, Koronadal City, South Cotabato, to: a. CONTINUOUSLY and STRICTLY MONITOR all financial transactions of the court and ENSURE that the Clerk of Court religiously complies with the directives/circulars issued by the Court, particularly in the proper handling of all judiciary funds to avoid repetition of the same infractions; and b. STUDY and IMPLEMENT procedures that shall strengthen the internal control system over the financial transactions of the court and SUBMIT the same to the Fiscal Monitoring Division, Court Management Office, Office of the Court Administrator, the procedures to be implemented with fifteen (15) days from receipt of notice. SO ORDERED.