A.M. No. P-01-1524 - OFFICE OF THE COURT ADMINISTRATOR, VS. VIRGILIO M. FORTALEZA, CLERK OF COURT, MTC, CATANAUAN, QUEZON; AND ELENA P. REFORMADO, CLERK OF COURT II, MTC, GUINAYANGAN, QUEZON.

Ruling

WHEREFORE, premises considered, it is respectfully recommended for consideration of the Honorable Court that Mrs. Elena P. Reformado, Clerk of Court II, MTC, Guinayangan, Quezon be DISMISSED from the service for gross dishonesty, grave misconduct and malversation of public funds while in office and that her terminal leave pay as well as her withheld salaries be forfeited and applied to her accountabilities. Likewise, respondent be declared disqualified from reemployment in any branch of the government or in any government-owned or controlled corporations. It is further recommended that the Legal Office, OCA be directed to file the appropriate criminal charges against Mrs. Reformado. We adopt the findings and the recommendation of the OCA. The Clerk of Court performs a very delicate function. He or she is the custodian of the courts funds and revenues, records, property and premises. Being the custodian thereof, the clerk of court is liable for any loss, shortage, destruction or impairment of said funds and property. [5] Clerks of Court have always been reminded of their duty to immediately deposit the various funds received by them to the authorized government depositories for they are not supposed to keep funds in their custody. [6] In the Report on the Financial Audit in RTC, General Santos City and the RTC & MTC of Polomok, South Cotabato, the Court emphasized the role of the clerk of court with regard to the collection of legal fees, to wit: xxx Clerks of court are the chief administrative officers of their respective courts; with regard to the collection of legal fees, they perform a delicate function as judicial officers entrusted with the correct and effective implementation of regulations thereon. Even the undue delay in the remittances of amounts collected by them at the very least constitutes misfeasance. On the other hand, a vital administrative function of a judge is the effective management of his court and this includes control of the conduct of the courts ministerial officers. It should be brought home to both that the safekeeping of funds and collections is essential to the goal of an orderly administration of justice and no protestation of good faith can override the mandatory nature of the Circulars designed to promote full accountability for government funds. As Clerk of Court, Mrs. Reformado is an accountable officer entrusted with the great responsibility of collecting money belonging to the funds of the Court. Regrettably, she abused the trust and confidence reposed upon her and did not perform her duty with utmost loyalty and honesty. Ms. Reformado admitted that she used the money collected to defray the cost of the hospitalization of her ailing father who eventually succumbed to death and the cost of education of her children. Mrs. Reformados predicament evokes our sympathy, but her situation cannot justify what she has done. The money collected are government funds. She had no right to use them for her personal needs.