A.M. No. P-06-2113 (Formerly A.M. No. 05-12-357-MTC) - OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. EFREN F. VARELA, OCA I.P.I. No. 05-2195-PCOMMISSION ON AUDIT represented by ATTY. NAPOLEON MONTEJO, Complainant, vs. EFREN F. VARELA, Interpreter and Acting Clerk of Court, Catbalogan, Samar.R

Ruling

WHEREFORE, the Court finds respondent Efren F. Varela, Interpreter and Acting Clerk of Court of the Municipal Trial Court-Catbalogan Samar, guilty of gross neglect of duty, dishonesty, grave misconduct and malversation of public funds. He is DISMISSED from the service with forfeiture of all his retirement benefits excluding his accrued leave credits with prejudice to re-employment in any branch of the government or in any government-owned or controlled corporation. As recommended by the Office of the Court Administrator, the Court further resolves as follows: Respondent Efren F. Varela's compromise to settle his shortages is ACCEPTED as partial payment of his shortages in court funds; Atty. Eustacio C. Raga, Jr., Clerk of Court V and Officer-in-Charge, RTC, Catbalogan, Samar is DIRECTED forthwith TO WITHDRAW the amount of P459,702.96 deposited by respondent Efren F. Varela in the OCC, RTC, Catbalogan Samar under Official Receipt No. 2269979 and DEPOSIT the same amount to the Fiduciary Account of MTC, Catbalogan, Samar under LBP SA No. 0601-0739-19 and FURNISH the Fiscal Monitoring Division, CMO, OCA with a copy of the machine validated deposit slip and passbook as proof of transfer thereof. The Officer-in-Charge of the Office of the Clerk of Court, Municipal Trial Court, Catbalogan, Samar, on the other hand, is ADVISED not to issue an official receipt to acknowledge the transfer of P459,702.96 from the Regional Trial Court to the Municipal Trial Court as this is a restitution of a previously recorded collection of MTC, Catbalogan, Samar to avoid double take-up of collections; The Financial Management Office of the Office of the Court Administrator is DIRECTED further to facilitate the remittance of the unpaid salaries of respondent Efren F. Varela, covering the period September 1, 2004 to January 31, 2007 amounting to P326,430.86, to the accounts of MTC, Catbalogan, Samar found to have shortages. Of the P326,430.86, FMO, OCA is FURTHER DIRECTED to REMIT P321,584.86 to the Fiduciary Account of the Municipal Trial Court-Catbalogan, Samar and REMIT the remaining balance of P4,846.00 to the Special Allowance for the Judiciary Fund of Municipal Trial Court-Catbalogan, Samar and FURNISH the Fiscal Monitoring Division, CMO, OCA, the machine-validated deposit slip as proof of such remittance; Respondent Efren F. Varela is DIRECTED to RESTITUTE within ten (10) days from notice hereof, the balance of P240,084.10 to the Judiciary Development Funds (P236,619.10) and General Fund (P3,465.00) accounts of MTC, Catbalogan, Samar, and to SUBMIT PROOF of such remittance to the FMD, CMO, OCA; and Hon. Odelon S. Mabutin, Presiding Judge, MTC, Catbalogan Samar, is found guilty of SIMPLE NEGLECT OF DUTY for which he is REPRIMANDED with a stern warning that a repetition of the same or similar acts in the future shall be dealt with more severely. SO ORDERED.