A.M. No. P-04-1903 (Formerly A.M. No. 04-10-597-RTC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. DONABEL M. SAVADERA, MA. EVELYN M. LANDICHO AND CONCEPCION G. SAYAS, ALL OF THE RTC, OCC, LIPA CITY, BATANGAS, ATTY. CELSO M. APUSEN AND ATTY. SHEILA ANGELA P. SARMIENTO.DECISION - Supreme Cour

Ruling

WHEREFORE , respondent Atty. Celso M. Apusen, former Clerk of Court VI, Office of the Clerk of Court, Regional Trial Court, Lipa City, Batangas is found liable for gross dishonesty and grave misconduct. In view of his retirement from the service, a fine of P20,000 is imposed on him. All his retirement benefits are FORFEITED in favor of the government, with prejudice to his reemployment in any branch or instrumentality of the government, including government-owned and -controlled corporations. He is further ordered to RESTITUTE the amount of P1,823,725.91 for the shortages incurred in the Fiduciary Fund, Judiciary Development Fund, and the General Fund. Further, the Financial Management Office, Office of the Court Administrator, is DIRECTED to apply the monetary value of the total earned leave credits of Atty. Apusen, dispensing with the documentary requirements, to the incurred shortage in the Fiduciary Fund in the Office of the Clerk of Court, Regional Trial Court, Lipa City. Respondents Donabel M. Savadera, Cash Clerk II, Ma. Evelyn M. Landicho, Clerk III, and Concepcion G. Sayas (now Concepcion Dumangeng Galotia), Social Worker, all of the Office of the Clerk of Court, Regional Trial Court, Lipa City, Batangas, are found liable for gross dishonesty and grave misconduct and are DISMISSED from the service effective immediately. All their monetary benefits are FORFEITED in favor of the government and their dismissal is held to be with prejudice to reemployment in any government office, including government-owned and -controlled corporations. They are further ordered to RESTITUTE the amount of P1,365,475.12 representing the shortages in the Judiciary Development Fund, Special Allowance for the Judiciary Fund and the General Fund. Further, the Financial Management Office, Office of the Court Administrator, is DIRECTED to apply the monetary value of the total earned leave credits of respondents Donabel M. Savadera, Ma. Evelyn M. Landicho and Concepcion G. Sayas (now Concepcion Dumangeng Galotia), dispensing with the documentary requirements, to the incurred shortage in the Judiciary Development Fund in the Office of the Clerk of Court, Regional Trial Court, Lipa City, Batangas. If the monetary value of their leave credits is insufficient, Savadera, Landicho and Sayas are DIRECTED to pay, jointly and severally, in cash the resulting deficiency. The Legal Office, Office of the Court Administrator, is likewise DIRECTED to proceed with the filing of the appropriate criminal cases against Atty. Celso M. Apusen, Donabel M. Savadera, Ma. Evelyn M. Landicho and Concepcion G. Sayas (now Concepcion Dumangeng Galotia). Atty. Sheila Angela P. Sarmiento is hereby CLEARED of any liability for the shortages incurred by Savadera, Landicho and Sayas in judiciary funds during her period as Officer-in-Charge, Office of the Clerk of Court, Regional Trial Court, Lipa City, Batangas. This Decision is immediately EXECUTORY . SO ORDERED.