A.M. No. P-15-3398

Ruling

WHEREFORE, Atty. EDIPOLO P. SARABIA, JR., Clerk of Court VI, Office of the Clerk of Court, Regional Trial Court of Davao City, Davao del Sur, is hereby found GUILTY of Gross Misconduct, Gross Neglect of Duty, and Commission of a Crime Involving Moral Turpitude for malversation of public funds amounting to Eighteen Million Four Hundred Fifty-Eight Thousand Three Hundred Fifty-Six and 64/100 Pesos (P18,458,356.64). Accordingly, he is DISMISSED from the service, with forfeiture of all benefits, except accrued leave credits, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. The Court likewise FINDS and DECLARES Ms. HAYDEE B. SALAZAR, Cash Clerk III GUILTY of Gross Neglect of Duty, which allowed Atty. Sarabia, Jr. to commit his wrongdoings and Serious Dishonesty for failure to report to the Court the wrongdoings of Atty. Sarabia, Jr., and is ordered DISMISSED from the service, with forfeiture of all benefits except accrued leave credits, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Atty. Sarabia, Jr. and Ms. Salazar are further found jointly and severally liable to RESTITUTE the following amounts: Shortages Fiduciary Fund P16,535,396.34 Sheriffs Trust Fund 32,500.00 Judiciary Development Fund 84,679.60 Special Allowance for the Judiciary Fund 52,317.52 Total shortages P16,704,893.46 Undocumented withdrawals Withdrawals with no court orders and acknowledgment receipts P357,000.00 Withdrawals with no court orders 3,000.00 Withdrawals with no acknowledgement receipts 404,000.00 Unremitted/undeposited withdrawn FF interest 931,095.34 Unremitted/undeposited withdrawn STF interest 58,367.84 Total undocumented withdrawals 1,753,463.18 Total accountabilities P18,458,356.64 The Court also finds Ms. MARIFI A. OQUINDO, Clerk III, GUILTY of Serious Dishonesty and is FINED in the amount of One Hundred Twenty Thousand Pesos (P120,000.00) and WARNED that a similar offense in the future will be dealt with more severely. The Court orders Ms. AIMEE MAY D. AGBAYANI, former Clerk III and Mr. ORLANDO A. MARQUEZ, Clerk III, EXONERATED from liability for insufficient evidence to hold them administratively liable for the charges against them. Finally, the Court DIRECTS the Office of the Court Administrator to file with dispatch the appropriate criminal charges against Atty. Edipolo P. Sarabia, Jr. and Ms. Haydee B. Salazar. Let a copy of this Decision be attached to the respective 201 files of the respondents. This Decision is immediately executory. SO ORDERED.