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JurisprudenceA.M. No. P-09-2647

A.M. No. P-09-2647 - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. LUNALINDA M. PERADILLA, CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT, EL NIDO-LINAPACAN, PALAWAN.D E C I S I O N

En Banc

Cited Laws

RA 376RA 460RA 542
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TL;DR — Ruling

WHEREFORE , the Court finds respondent Lunalinda M. Peradilla, Clerk of Court II, Municipal Circuit Trial Court, El Nido-Linapacan, Palawan, GUILTY of DISHONESTY, GROSS NEGLECT OF DUTY, and GRAVE MISCONDUCT , and imposes upon her the penalty of DISMISSAL from the service. All her retirement benefits, except accrued leave credits, are forfeited and she is barred from re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations.

Decision

Ruling

WHEREFORE , the Court finds respondent Lunalinda M. Peradilla, Clerk of Court II, Municipal Circuit Trial Court, El Nido-Linapacan, Palawan, GUILTY of DISHONESTY, GROSS NEGLECT OF DUTY, and GRAVE MISCONDUCT , and imposes upon her the penalty of DISMISSAL from the service. All her retirement benefits, except accrued leave credits, are forfeited and she is barred from re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations. The Financial Management Office, Office of the Court Administrator, is directed to process the monetary value of the terminal leave pay of Lunalinda M. Peradilla, as well as other benefits or withheld salary she may be entitled to, and deduct the total shortage of P649,628.85. The Cash Division, Financial Management Office, Office of the Court Administrator is directed to deposit the amount of P62,847.55, P213,268.10, P13.20 and P18,500 to the Judiciary Development Fund, Special Allowance for the Judiciary Fund, General Fund and Mediation Fund accounts, respectively, within two (2) days from receipt of the checks from the Checks Disbursement Division, Financial Management Office, Office of the Court Administrator. The Cash Division, Financial Management Office, Office of the Court Administrator is further directed to furnish immediately the Fiscal Monitoring Division, Court Management Office, Office of the Court Administrator, and Ms. Gracilia D. Abes, Officer-in-Charge, MCTC, El Nido-Linapacan, Palawan, with copies of machine validated deposit slips as proof that the amount deducted from the monetary value of the earned leave credits of Ms. Peradilla was deposited to the respective accounts, as payment of the shortages in said accounts. Ms. Gracilia D. Abes, Officer-in-Charge, MCTC, El Nido-Linacapan, Palawan, is directed to deposit the amount of P355,000.00 to the Municipal Treasurer's Office of El Nido, Palawan, within five (5) days from receipt of the check from the Checks Disbursement Division, Financial Management Office, Office of the Court Administrator and furnish immediately the Fiscal Monitoring Division, Court Management Office, Office of the Court Administrator with a certified true copy of the Original Receipt, as proof that the amount of P355,000.00 was deposited to the Municipal Treasures's Office. The Office or the Court Administrator is ordered to take appropriate steps to file criminal charges against Lunalinda M. Peradilla for malversation of public funds as may be warranted from the facts. SO ORDERED.