A.M. No. P-05-1938 - THE OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, V. MR. CRISPIN C. EGIPTO, JR., CLERK OF COURT IV, MUNICIPAL TRIAL COURT IN CITIES, PAGADIAN CITY.

Ruling

Accordingly, the OCA recommended therein as follows: Respondent Crispin C. Egipto, Jr., Clerk of Court IV, MTCC, Pagadian City BE DISMISSED from service with forfeiture of all benefits except accrued leave credits, if any; Respondent Crispin C. Egipto, Jr. BE REQUIRED TO RESTITUTE his cash shortages amounting to Ninety Eight Thousand Six Hundred Fifty-Two Pesos and Eighty-One Centavos (P98,652.81); The release of the money value of respondent's leave credits BE HELD IN ABEYANCE pending compliance with the directive to restitute the aforesaid cash shortages; Respondent Antonina Yorpo BE RELEASED from any liability and that her name BE DROPPED as one of the respondents in this administrative case; Hon. Alandrex M. Betoya, Executive Judge, MTCC, Pagadian City, Zamboanga del Sur, BE DIRECTED to: a) DESIGNATE an honest and competent personnel as Officer-in-Charge in the OCC-MTCC, Pagadian City; and b) STRICTLY MONITOR the financial transactions of Accountable Officers and ensure strict adherence with the circulars and issuances of the Court particularly in the handling of judiciary funds. [9] It is notable that Egipto ultimately restituted his shortages totaling P98,652.81 on August 9, 2007 [10] and November 24, 2014. [11] Ruling of the Court The Court finds the recommendations of the OCA fully warranted. Clerks of court, being the custodians of court funds and revenues, records, properties, and premises, are liable for any loss, shortage, destruction or impairment of the funds or other assets entrusted to them. Their personal accountability is always enforceable. Specifically, any shortages in the amounts remitted and any delays incurred in the actual remittance of collections shall constitute gross neglect of duty for which the clerks of court concerned shall be held administratively liable. [12] Egipto admitted his failure to remit his collections on time on account of his personal problems (that is, the killing of his son and the hospitalization of his daughter). Even if he did not categorically state having misappropriated or converted the funds for his personal benefit, he was still worthy of stem reprobation. Personal problems should never justify the incurring of shortages and the delay in remitting cash collections for the Judiciary. In this case, Egipto's administrative sin was aggravated by the fact that this charge was not his first offense. According to the personnel records of the Court, he had been previously reprimanded for his failure to observe SC Circular No. 50-95 by which he was bound to deposit fiduciary collections with the Land Bank of the Philippines within 24 hours from receipt thereof. [13] We note that in relation to the previous offense, Egipto and Yorpo had been directed to deposit the amount of P15,290.95 representing the interest that the Court failed to earn because of the delay in depositing their collections. As such, even if he had meanwhile restituted the shortages of P98,652.81 subject of this charge, his belated