A.M. No. P-21-4100 (Formerly: OCA IPI No. 19-4942-P) - EXECUTIVE JUDGE ANNE BEATRICE G. AGUANA-BALMACEDA, MUNICIPAL TRIAL COURT IN CITIES [MTCC], ILOILO CITY, ILOILO, COMPLAINANT, VS. MARITE E. PENIERO, CLERK OF COURT III AND SALVACION D. SERMONIA, CLERK IV, BOTH OF THE OFFICE OF THE CLERK OF COURT

Ruling

accordingly be DOCKETED for purposes of an informal preliminary inquiry for Dishonesty and Grave Misconduct; (2) Ms. Peniero and Ms. Sermonia be furnished a copy the foregoing report of Executive Judge Aguana-Balmaceda and that they be DIRECTED to COMMENT thereon within ten (10) days from notice; and (3) the Fiscal Monitoring Division, Court Management Office, OCA, be DIRECTED to conduct a FINANCIAL AUDIT on the books of account of the OCC, MTCC, Iloilo City. [15] Thus, the OCA, by 1 st Indorsement dated 03 July 2019, directed respondents to comment on the Report dated 01 April 2019 submitted by complainant within ten (10) days from receipt thereof. [16] In their Comments [17] both dated 01 April 2020, respondents admitted they committed the acts stated in complainant's report. However, they maintained they had no intention to defraud or steal from the government as shown by their act of returning the money. They were only forced to borrow money from court funds due to the emergency needs of their respective families. Hence, they begged for the forgiveness and compassion of the Court. Report and Recommendation of the OCA The OCA, through a Report [18] dated 03 December 2020, recommended for the instant administrative complaint to be re-docketed as a regular administrative matter, and for the conduct of a financial audit on the books of account of the OCC, MTCC, Iloilo City. The OCA also found Peniero had indubitably failed to perform her duty as the custodian of court funds when she allowed Sermonia and herself to use the MTCC's cash collections for their personal needs. As employees of the judiciary, respondents are expected to know that public funds cannot be used for any personal interest or gain. Moreover, the return of the money they borrowed does not negate their use of court funds for personal interests. Thus, Peniero's act was found constitutive of gross neglect of duty, serious dishonesty, and grave misconduct warranting the penalty of dismissal from service, with forfeiture of all benefits except accrued leave credits and perpetual disqualification from re-employment in any government instrumentality. As for Sermonia, who already retired, the OCA found her guilty of serious dishonesty and grave misconduct and recommended the imposition of the penalty of forfeiture of all retirement benefits, except accrued credits, as well as perpetual disqualification from re-employment in any government instrumentality. [19] Ruling of the Court We agree with the findings and recommendations of the OCA. Liability of Peniero and Sermonia Gross neglect of duty or gross negligence refers to negligence characterized by the glaring want of care, or by acting or omitting to act in a situation where there is a duty to act, not inadvertently, but willfully and intentionally with a conscious indifference to consequences with respect to other persons who may be affected. In cases involving public officials, gross negligence occurs when a breach of duty is flagra