A.M. NO. P-01-1499 - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ATTY. MARILOU DUREZA-ALDEVERA CLERK OF COURT, RTC, DAVAO CITY, AND TERESITA M. ELEGINO, CASH CLERK III, SAME COURT.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly issued in their favor. Certified photocopy of said Official Receipt is hereto attached as ANNEX "1"; - Said BPI Manager's CHECK NO. 461779 dated January 9. 1995 was deposited on January 19, 1995 with the fiduciary development fund account No. 0161-1521-485 of the Regional Trial Court, Davao City. Certified photocopy of said Deposit Slip duly validated by the bank is hereto attached as ANNEX "2"; - In relation to the letter of Pryce Corporation through their counsel, Atty. Nenita C. Chua dated March 2, 2006 for the withdrawal of the said amount, the Clerk of Court V, Officer-in-Charge of the Office of the Clerk of Court, RTC, Davao City, Atty. Edipolo P. Sarabia, Jr., sent a letter dated April 24, 2006 to hon. Renato A. Fuentes, Executive Judge, rtc, Davao City, informing the latter that the said amount of P3,353,357.84 is still intact and remain unwithdrawn from the depository bank, Land Bank of the Philippines, but required Pryce Corporation to present and surrender the original copy of the Official Receipt, as an accounting procedure and for audit purposes. Certified photocopy of the letter is hereto attached ad ANNEX "3"; - Per information from the Office of the Clerk of Court, RTC, Davao City, Pryce Corporation however, failed to present the requirements, hence, was not able to withdraw said deposit. On September 5, 2006, the Court NOTED the Manifestation. WHEREFORE , the Court rules as follows: Respondents Clerk of Court Marilou Dureza-Aldevera and Cash Clerk Teresita M. Elegino, RTC, Davao City are hereby found GUILTY of gross neglect of duty, dishonesty and grave misconduct. Atty. Marilou Dureza-Aldevera and Ms. Teresita M. Elegino are hereby DISMISSED from the service with forfeiture of all retirement benefits, excluding accrued leave credits, with prejudice to re-employment in any government office, including government-owned and controlled corporations. Atty. Marilou Dureza-Aldevera and Teresita M. Elegino are ordered to jointly and severally RESTITUTE , within thirty (30) days from notice, the amount of EIGHT MILLION SEVEN HUNDRED NINETY THOUSAND FIVE HUNDRED FIFTY-TWO PESOS and THIRTY CENTAVOS (P8,790,552.30) representing their shortage in the Fiduciary Fund. The Employees Leave Division, Office of the Administrative Services, OCA is DIRECTED to compute the balance of the earned leave credits of Atty. Marilou Dureza-Aldevera and Teresita M. Elegino and forward the same to the Finance Division, Fiscal Management Office, OCA, which shall compute its monetary value. The amount, as well as other benefits they may be entitled to, and the withheld salaries and allowances of respondents shall be applied as part of the restitution of the shortage. Finally, OCA is further DIRECTED to study the possibility of the filing of criminal complaints against respondents and other persons in light of the facts of this case. SO ORDERED.