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JurisprudenceA.M. No. P-02-1565

JUDGE MA. MONINA S. MISAJON, MUNICIPAL TRIAL COURT, SAN JOSE, ANTIQUE, COMPLAINANT, VS. CLERK OF COURT LAGRIMAS A. FERANIL.

Cited Laws

RA 33RA 6RA 206RA 237RA 228RA 416RA 519,
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Decision

Ruling

Accordingly, we adopt the recommended fine of P15,000.00 imposed on Clerk of Court Feranil. As regards the third administrative matter, Feranil admitted that there was delay in the deposit of her collections but claimed that the same was not deliberate. The practice runs counter to Section 1, Rule 141 of the Revised Rules of Court, which states: SEC. 1. Payment of fees. Upon the filing of the pleading or other application which initiates an action or proceeding, the fees therefore shall be paid in full. With regard to the collection and deposit of court fiduciary funds, Section B (4) of SC Circular No. 50-95 mandates that (4) All collections from bail bonds, rental deposits, and other fiduciary funds shall be deposited within twenty-four (24) hours by the Clerk of Court concerned upon receipt thereof with the Land Bank of the Philippines. Administrative Circular No. 3-2000 commands that all fiduciary collections shall be deposited immediately by the Clerk of Court concerned, upon receipt thereof, with an authorized government depository bank. More explicitly, Title II, paragraph A in relation to sub-paragraph 1 and 3 (c) of said Circular, which designated the Land Bank as the authorized government depositary of the JDF, states: Duty of the Clerks of Court, Officers-in-Charge or Accountable officers. The Clerks of Court, Officers-in-Charge, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipt therefore, maintain a separate cash book properly marked . . . deposit such collections in the manner herein prescribed and render the proper Monthly Report of Collections for said Fund. 3. Systems and Procedures: x x x x x x x x x c. In the RTC, SDC, MeTC, MTCC, MTC, and SCC. The daily collections for the Fund in these courts shall be deposited every day with the local or nearest LBP branch For the account of the Judiciary Development Fund, Supreme Court, Manila Savings Account No. 0591-0116-34; or if depositing daily is not possible , deposits of the Fund shall be every second and third Fridays and at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same shall be deposited immediately even before the period above-indicated. x x x x x x x x x d. Rendition of Monthly Report. Separate Monthly Report of Collections shall be regularly prepared for the Judiciary Development Fund, which shall be submitted to the Chief Accountant, FMO, OCA, copy furnished the FMBO, Supreme Court, the Fiscal Monitoring Division within ten (10) days after the end of every month . Duplicate copies of the official receipts issued during such month covered and validated copy of the Deposit Slips should likewise be submitted. Deposit slips that are not machine validated shall not be considered as deposits. The aggregate total of the Deposit Slips for any particular month shoul