A.M. No. P-04-1785 [Formerly A.M. No. 03-11-671-RTC] - THE OFFICE OF THE COURT ADMINISTRATOR, VS. DEVELYN GESULTURA.R E S O L U T I O N - Supreme Court E-Library

Ruling

accordingly dismissed from the service on the ground of dishonesty. We accept the findings of the Fiscal Management and Budget Office, the Court Management Office, and the Office of the Court Administrator that Gesultura is liable for misappropriating collections for the Judiciary Development Fund. We are convinced that she has committed dishonesty in the service. After a conscientious review of the record, however, we do not accept the OCA's recommendation with respect to the amount that Gesultura must restitute. It remains uncontroverted that Gesultura stopped reporting for work on September 15, 2003; it is also noteworthy that the Court placed her under suspension by order of the February 2, 2004 Resolution. Hence, we adopt the recommendation of the Court Management Office Financial Audit Team that Gesultura must restitute the undeposited collections of the OCC RTC-Pasig City for the period December 1996 to December 2003, which is Five Million Four Hundred Sixty Three Thousand Nine Hundred Thirty One Pesos and Thirty Centavos (P5,463,931.30). Incidentally, this amount is consistent with Atty. Velasco's complaint against Gesultura for malversation and falsification of official or public documents filed before the Office of the Ombudsman. WHEREFORE , above premises considered, respondent DEVELYN A. GESULTURA , Cashier II at the Office of the Clerk of Court, Regional Trial Court, Pasig City, is found GUILTY of grave misconduct and dishonesty and is ordered DISMISSED from the service effectively immediately. All her retirement benefits, excluding accrued leave credits, are ordered FORFEITED in favor of the government with prejudice to reemployment in any government office, including government-owned or controlled corporations. She is further ordered to restitute the amount of Five Million Four Hundred Sixty Three Thousand Nine Hundred Thirty One Pesos and Thirty Centavos (P5,463,931.30). SO ORDERED.