OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUSTAFINA HOPE T. LAYA, CLERK III, AND BENILDA M. MADDELA, CLERK IV, RTC-OCC, BAYOMBONG, NUEVA VISCAYA.

Ruling

WHEREFORE, it is respectfully recommended that the said respondents [Maddela and Laya] be found guilty of (1) malversation and (2) gross dishonesty. It is also recommended (1) that Mrs. Maddela who has reached the retirement age, be declared separated from service for being administratively guilty with corresponding forfeiture of her pension and other emoluments yet to be paid to her; and (2) that Mrs. Justafina Hope T. Laya be dismissed from service, with all the accessory penalties attendant thereto. [26] On July 27, 2005, the case was referred to the OCA for its evaluation, report and recommendation. [27] Thus on February 1, 2006, the OCA through Court Administrator Presbitero J. Velasco, Jr., found and recommended in this wise: We x x x find respondents Laya and Maddela guilty of Dishonesty and respectfully recommend that: (1) Respondent and Justafina T. Laya be DISMISSED from the service with forfeiture of all benefits and privileges with prejudice to re-employment in any branch or instrumentality of the government including government [owned] or controlled corporations and financial institutions. (2) Respondent Benilda Maddela who's (sic) retirement clearances were withheld pending the outcome of their administrative case be likewise considered DISMISSED from the services (sic) with forfeiture of all benefits and privileges with prejudice to re-employment in any branch or instrumentality of government including government owned or controlled corporations and financial institutions; (3) That the Legal office be DIRECTED forthwith to comply with the Courts (sic) resolution dated 13 December 2004 letter "C" which provides. "The matter be referred to the Legal Office for the filing of appropriate criminal charges against the following former accountable officers, Flaviano D. Balgos, Jr., Atty. Ruby Rosa R. Espino and Atty. John D. Balaysa as well as Mrs. Benilda M. Maddela and Justafina Hope T. Laya." [28] On August 16, 2006, the Court issued a Resolution directing Atty. Thelma Bahia, Chief of the CMO, to clarify the Partial Report on the Financial Audit conducted in the RTC of Bayombong as to the specific amounts of liabilities of Laya and Maddela and the exact amounts each of them had restituted. [29] In a Memorandum dated December 28, 2006, Atty. Bahia explained that the exact amount of collections Laya and Maddela separately received could not be ascertained as there are initials in the official receipts which could not be deciphered. [30] The restitutions they made no longer have any bearing on the shortages since they were already considered by the audit team in the computation of the total deposits made to the Fiduciary Fund account. [31] Without doubt, herein respondents, Maddela and Laya, committed dishonesty and grave misconduct for which they should be dismissed. Time and again, the Court has stressed that every employee in the judiciary should be an example of integrity, uprightness and honesty. [32] The conduct required of court pe