A.M. No. P-07-2338 (Formerly OCA IPI No. 06-2440-P) - JONATHAN* A. REBONG, COMPLAINANT, VS. ELIZABETH R. TENGCO, CLERK OF COURT, MUNICIPAL TRIAL COURT, STA. CRUZ, LAGUNA.DECISION - Supreme Court E-Library

Ruling

accordingly recommended that the instant complaint be re-docketed as a regular administrative matter and the same be referred to the Executive Judge of the Regional Trial Court of Sta. Cruz, Laguna for investigation, report and recommendation. [15] Said recommendation was adopted by the Court in a Resolution [16] dated July 11, 2007. Executive Judge Jaime C. Blancaflor conducted the hearings on the complaint. Respondent was duly notified [17] but failed to show up in all of the hearings. Thus, after complainant concluded the presentation of his evidence, the case was deemed submitted for resolution. In his Report and Recommendation [18] dated June 27, 2008, Judge Blancaflor made the following findings: Careful assessment of the evidence presented by the complainant shows that respondent indeed, committed grave misconduct which is grossly prejudicial to the administration of justice. She did not only use her position so as to exact tremendous amount from a complainant, a victim of infraction, but also misappropriated money intended for the government. It is provided in the Manual for Clerks of Courts that all fees collected shall accrue to the general fund. The Clerk of Court deposit[s] everyday his collections to the nearest LBP Branch for the account of the Judiciary Fund, Supreme Court, Manila. This was violated by the respondent for failing to duly account her collected filing fees for the criminal cases filed by the complainant before the Municipal Trial Court of Sta. Cruz, Laguna. x x x x She also violated Sec. 3 of the Code of Conduct of Court Personnel prohibiting court personnel to alter, falsify, destroy or mutilate any record within her control. As clearly testified by the Officer-in-Charge, Leslie A. San Juan, the purported copies of Official Receipts issued by the respondent to the complainant do not actually exist. With this alone, respondent should be meted the severe administrative penalty of dismissal from service in accordance with the Civil Service Law. x x x x By presenting a list of computation of the alleged expenses or fees paid by the complainant, respondent was so dishonest and the same constitute also a Grave Misconduct warranting her dismissal from service. [19] By Resolution [20] dated August 6, 2008, this Court referred the above findings of Judge Blancaflor to the OCA for evaluation report and recommendation. The OCA, in its Memorandum [21] dated July 13, 2009, found that respondent violated the Rules on Legal Fees and Supreme Court (SC) Circular No. 26-97 which mandates the issuance of official receipts for payments received. It likewise found respondent to have violated SC Administrative Circular No. 5-93 [22] for keeping in her custody the fees received and failing to turn over and deposit the same to the authorized depository bank. According to the OCA, the failure of respondent clerk of court to turn over the funds in her possession, without adequate explanation, constitutes gross dishonesty, grave misconduct, an