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JurisprudenceA.M. No. P-20-4071

A.M. No. P-20-4071 - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ABBA MARIE B. DEL ROSARIO, COURT INTERPRETER I; ATTY. MARIA PAZ V. ZALSOS-UYCHIAT, FORMER CLERK OF COURT VI; AND ATTY. AISA B. MUSA-BARRAT, INCUMBENT CLERK OF COURT VI, ALL OF THE REGIONAL TRIAL COURT, TUBOD, LANAO DEL NORTE.D

En Banc

Cited Laws

RA 2,000
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TL;DR — Ruling

WHEREFORE, judgment is hereby rendered as follows: Ms. ABBA MARIE B. DEL ROSARIO is found GUILTY of gross dishonesty, grave misconduct and gross neglect of duty. She is ordered DISMISSED from the service, effective immediately.

Decision

Ruling

Accordingly, "[t]he behavior of all employees and officials involved in the administration of justice, from judges to the most junior clerks, is circumscribed with a heavy responsibility. Their conduct must be guided by strict propriety and decorum at all times in order to merit and maintain the public's respect for and trust in the judiciary. Needless to say, all court personnel must conduct themselves in a manner exemplifying integrity, honesty and uprightness." [36] As front liners in the administration of justice, court personnel should live up to the strictest standards of honesty and integrity in the public service, and in this light, are always expected to act in a manner free from reproach. Any conduct, act, or omission that may diminish the people's faith in the Judiciary should not be tolerated. [37] WHEREFORE, judgment is hereby rendered as follows: Ms. ABBA MARIE B. DEL ROSARIO is found GUILTY of gross dishonesty, grave misconduct and gross neglect of duty. She is ordered DISMISSED from the service, effective immediately. All benefits - except accrued leave credits, if any - are hereby FORFEITED . She is DISQUALIFIED from reemployment in any branch or instrumentality of the government, including government-owned and controlled corporations. Furthermore, she is ORDERED to restitute the shortage in the Fiduciary Fund amounting to Six Hundred Forty-Eight Thousand Pesos (P648,000.00), with a copy of the machine validated deposit slip as proof of restitution. She is DIRECTED to SUBMIT the following within fifteen (15) days from receipt of notice to FMD, CMO, OCA: Pertinent documents to validate the unidentified withdrawal from the High Yielding Savings Account (HYSA) on 20 August 2009 amounting to One Hundred Five Thousand Pesos (P105,000.00) , otherwise, this will be added to the shortages of P648,000.00 and restitute the same; and One (1) booklet of missing ORs with serial numbers 8677451 - 8677500 , otherwise, CAUSE the posting of Notice of Loss of the said booklet at least for a period of one (1) month in three (3) conspicuous places in Tubod, Lanao del Norte and the publication of the same in the newspaper of local circulation for at least two (2) days. It is likewise ORDERED that: Any future withdrawal of cash bond/s pertaining to the collections for the period 2014 to January 2017, not included in the list of un­ receipted and unremitted collections for the said period or in the Statement of Un-withdrawn FF as of 30 September 2018 be CHARGED to Ms. Del Rosario; Any unpaid accountabilities of Ms. Del Rosario be CHARGED against her available terminal leave pay and other benefits; The Employees Leave Division, Office of Administrative Services, OCA be DIRECTED to COMPUTE the balance of earned leave credits of Ms. Del Rosario and FURNISH the Financial Management Office (FMO), OCA with the Certificate of Leave Credits, computerized service record and Notice of Salary Adjustment; and The FMO, OCA be DIRECTED to APPLY the monetary value of