A.M. No. P-00-1415-MeTC - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. MRS.

Ruling

Accordingly, the OCA recommends that: 1. respondent be DIRECTED to restitute her total accountabilities in the amount of P3,827,552.00; 2. all her withheld salaries, allowances and benefits be FORFEITED; and 3. she be BARRED from re-employment in any agency of the government including government owned and controlled corporations. All these, without prejudice to the filing of the appropriate civil and criminal actions against her. The recommendation is well taken. In her Letter dated November 20, 2000, Mrs. Marcelo, who was still in the United States attending to her ailing husband, did not deny any of the alleged "deficiencies and irregularities" uncovered by the OCA financial audit. Indeed, she "admit[ted] her shortcomings as to accountabilities and obligations," and conceded "that there were still unremitted cash collections on my account." Respondent stated, however, that she "appeal[s] for [sic] the amount accounted to me according to the audit made by the Financial Audit Department." The Court interprets this to mean that respondent disputes the amount found to constitute a shortage. Significantly, though, respondent failed to present any explanation or evidence to refute the same. Clerks of court must be individuals of competence, honesty, and probity. [5] As the custodian of the court's funds and revenues, records, property and premises, he or she performs a very delicate function and is liable for any loss, shortage, destruction or impairment of said funds and property. [6] The failure of respondent to explain the shortage of funds leaves the Court with little choice but to hold her liable for dishonesty and gross misconduct in office justifying her dismissal from office. [7] WHEREFORE, respondent Teresita Q. Orbigo Marcelo, Clerk of Court of the Metropolitan Trial Court, Taguig, Metro Manila, is found GUILTY of dishonesty and gross misconduct and is hereby DISMISSED from the service with prejudice to re-employment in any government agency, including government owned and controlled corporations. All her withheld salaries, allowances and benefits are hereby FORFEITED. Respondent is further DIRECTED to restitute her total accountabilities in the amount of P3,827,552.00 All these without prejudice to the filing of the appropriate civil and criminal actions against her. SO ORDERED.