A.M. No. P-05-2046 (Formerly No. 05-6-159-MCTC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. CLERK OF COURT FE P. GANZAN, MCTC, JASAAN-CLAVERIA, MISAMIS ORIENTAL.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the Court finds respondent Fe P. Ganzan, Clerk of Court II, 5 th Municipal Circuit Trial Court of Jasaan-Claveria, Misamis Oriental, GUILTY of gross dishonesty and grave misconduct and imposes on her the penalty of DISMISSAL from the service with FORFEITURE of retirement benefits, except her accrued leave credits, and with prejudice to re-employment in any government agency, including government-owned and controlled corporations. The Civil Service Commission is ordered to cancel her civil service eligibility, if any, in accordance with Section 9, Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292. The Court further orders: 1. Respondent Fe P. Ganzan to RESTITUTE the following amounts incurred as shortages within thirty (30) days from notice: FUND AMOUNT Special Allowance for the Judiciary P 4,351.10 General Fund 5,039.80 Judiciary Development Fund 108,639.35 Fiduciary Fund 138,500.00 or a total of Two Hundred Fifty-Six Thousand Five Hundred Thirty Pesos and Twenty-five Centavos (P256,530.25), plus the additional amount of Fifty Thousand and Fifty Pesos (P50,050.00) representing the uncollected/unreported fines; 2. Respondent Fe P. Ganzan to PAY the fines of P500.00 and P1,000.00 per Court Resolutions dated 16 January 2008 and 9 July 2008, respectively, within ten (10) days from notice hereof; 3. The Fiscal Management Office of the Office of the Court Administrator to COMPUTE whatever benefits are due to Ganzan including the money value of her leave credits, dispensing with the usual documentary requirements, and APPLY the same to the shortages in the following order of preference: Fiduciary Fund, Judiciary Development Fund, Special Allowance for the Judiciary and Court General Fund; and 4) The Office of the Court Administrator to COORDINATE with the prosecution arm of the government for the filing of the appropriate criminal action against respondent Fe P. Ganzan. SO ORDERED.