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JurisprudenceA.M. No. 11-6-60-MTCC

OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, V. CLERK OF COURT IV ERLINDA P. PATIAG, MUNICIPAL TRIAL COURT IN CITIES, GAPAN CITY, NUEVA ECIJA. - Supreme Court E-Library

En Banc

Cited Laws

RA 552,
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TL;DR — Ruling

WHEREFORE , the Court finds respondent ERLINDA T. PATIAG, former Clerk of Court IV, Municipal Trial Court in Cities, Gapan, Nueva Ecija, GUILTY of serious dishonesty, grave misconduct and gross neglect of duty with FORFEITURE of all retirement benefits, excluding accrued leave credits, and with prejudice to re-employment in the government, including government-owned or controlled corporations.

Decision

Ruling

WHEREFORE , the Court finds respondent ERLINDA T. PATIAG, former Clerk of Court IV, Municipal Trial Court in Cities, Gapan, Nueva Ecija, GUILTY of serious dishonesty, grave misconduct and gross neglect of duty with FORFEITURE of all retirement benefits, excluding accrued leave credits, and with prejudice to re-employment in the government, including government-owned or controlled corporations. This Court further resolves to: ORDER respondent TO PAY A FINE equivalent to her salary for six months computed at the salary rate of her former position to be deducted from the monetary value of her earned leave credits and/or other retirement benefits; DIRECT the Employees' Leave Division, Office of Administrative Services-OCA, to compute the respondent's earned leave credits; DIRECT the Finance Division, Financial Management Office­ OCA, to compute the withheld salaries of respondent and PROCESS the monetary value of her earned leave credits and withheld salaries, dispensing with the usual documentary requirements, and whatever remains therefrom after deducting the fine imposed upon her, APPLY the same to the following shortages and RELEASE the remaining balance, if any: Name of Fund Period Covered Amount Judiciary Development Fund (JDF) March 1985 to 29 February 2012 P593,053.44 Special Allowance for the Judiciary Fund (SAJF) November 11, 2003 to February, 29 2012 968,673.18 Mediation Fund (MF) March 1 to 18, 2012 2,000.00 UNEARNED Interest due to delayed remittances 52,964.47 After submission of the missing eight (8) O.R. booklets Additional JDF Shortage 621.20 TOTAL ACCOUNTABILITY P1,617,312.29 ORDER respondent to pay any remainder of the fine and/or restitute any remaining shortages in case the monetary value of her earned leave credits and/or other benefits would not be sufficient to cover the same; INSTITUTE the proper criminal or civil action against Patiag if no full restitution can be done from her back salaries and monetary value of her accrued leave credits; and FURTHER DIRECT the Finance Division, Financial Management Office-OCA, to RELEASE the retirement benefits and the monetary value of the accrued leave credits of SHERIFF IV ERNESTO MENDOZA, which he is entitled to, since he had fully complied with the directive of the Court contained in the Resolution dated June 3, 2013. SO ORDERED.