A.M. No. P-04-1813 (FORMERLY A.M. NO. 04-5-119-METC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. NELIA D.C. RECIO, ERALYN S. CAVITE, RUTH G. CABIGAS AND CHONA AURELIA R. RENIEDO, ALL OF THE METROPOLITAN TRIAL COURT, SAN JUAN, METRO MANILA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the Court resolves to declare: (1) Nelia D.C. Recio, Clerk of Court, Metropolitan Trial Court, San Juan, Metro Manila, GUILTY of Gross Misconduct, Dishonesty and Gross Neglect of Duty, and is hereby ordered DISMISSED from the service with forfeiture of retirement benefits, including her accrued leave credits, with perpetual disqualification for re-employment in the government service. She is ORDERED to immediately PAY the following amounts to their respective accounts: a.) JDF P138,101.80; b.) Clerk of Court General Fund P 145,373.14; c.) Fiduciary Fund P2,413,002.97; d.) Unaccounted Fines P124,690.00; e.) Confiscated Cash Bonds P 318,000.00 Total: P3,139,166.00 (2) The Employees Leave Division, Office of Administrative Services, OCA, is DIRECTED to compute the balance of respondent Recio's earned leave credits and forward the same to the Financial Management Office, Office of the Court Administrator; and the latter is DIRECTED to process the earned leave credits of Recio, as well as other benefits she may be entitled to, and to remit the same to the Fiduciary Fund account of the MeTC, San Juan, Metro Manila. (3) Respondents Eralyn S. Cavite and Ruth G. Cabigas GUILTY of Inefficiency and are FINED in the amount of Five Thousand Pesos (P5,000.00) each with STERN WARNING that repetition of the same or similar acts in the future will be dealt with more severely. (4) The Legal Office, Office of the Court Administrator, is hereby DIRECTED to file the appropriate criminal charges against Nelia D.C. Recio and Ariel M. Salazar. In view of the untimely demise of respondent Chona Aurelia R. Reniedo during the pendency of this case and the removal of Ariel M. Salazar from the service as per Resolution of the First Division, dated July 17, 2002 in A.M. No. 02-6-151-MeTC, administrative disciplinary sanction against them is no longer appropriate. SO ORDERED.