A.M. No. P-15-3299 (Formerly A.M. No. P-14-12-404-RTC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ATTY. ROBERT RYAN H. ESMENDA, CLERK OF COURT VI, REGIONAL TRIAL COURT, LIPA CITY, BATANGAS.

Ruling

accordingly, be dismissed from the service with forfeiture of all retirement benefits, with prejudice to his re-employment in the Government. [19] The OED found that, not only did Atty. Esmenda fail to perform the duties of his office, but he also fell short in adhering to the high ethical standards expected of court employees. [20] Atty. Esmenda's shortages in the total amount of PHP 2,914,996.52 and delay in the remittance of his cash collections was in flagrant violation of Commission on Audit (COA) Department of Finance (DOF) Joint Circular No. 1-81, OCA Circular No. 50-95, and SC A.C. No. 3-2000. [21] These acts constitute gross neglect of duty, which is punishable with dismissal, and dishonesty, which is an act unbecoming of a court personnel. [22] The OED ruled that a portion of the shortages incurred may be taken from Atty. Esmenda's leave credits. [23] The Report and Recommendation of the JIB In its Report, [24] dated July 6, 2022, the JIB substantially adopted the findings and recommendations of the OED, submitting that Atty. Esmenda should be held administratively liable for Serious Dishonesty and Gross Neglect of Duty. Considering the gravity of his offenses, the penalty of dismissal from service with forfeiture of all his benefits, except his accrued leave credits, and disqualification from reinstatement or appointment to any public office, including government-owned or -controlled corporations, was deemed appropriate. The JIB further held that Atty. Esmenda's approved leave credits should be withheld and applied to his financial shortages. [25] However, as the complaint does not specifically state that Atty. Esmenda's infractions also constitute violations as a member of the Philippine Bar, and he has not yet been required to explain why he should not be disciplined as a lawyer, the JIB noted that the determination of his liability as a lawyer shall not yet be considered in its report. [26] The JIB further noted that the act of misappropriating funds by an accountable public officer constitutes the crime of malversation, and that the failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds to his personal use. Thus, the JIB recommended that a case of malversation should be filed against Atty. Esmenda. [27] The dispositive portion of the JIB Report reads: WHEREFORE , it is respectfully RECOMMENDED to the Honorable Supreme Court that: 1. respondent Atty. Robert Ryan H. Esmenda (respondent), Clerk of Court VI, Regional Trial Court, Lipa City, Batangas, be found GUILTY of Dishonesty and Gross Neglect of Duty and be penalized with DISMISSAL from the service with forfeiture of all his benefits, except his accrued leave credits, and disqualification from reinstatement of appointment to any public office, including government-owned or controlled corporations; 2. respondent be OR