A.M. No. P-06-2179 (Formerly A.M. No. 06-5-169-MCTC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. MERLINDA T. CUACHON, CLERK OF COURT, AND FE P. ALEJANO, COURT STENOGRAPHER, BOTH OF THE MCTC,ILOG-CANDONI, NEGROS OCCIDENTAL. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Court formally docketed the Initial Report as an administrative complaint and required the respondents to manifest their willingness to submit the case for decision based on the records and/or pleadings filed. [3] In her Manifestation, [4] Cuachon acknowledged: the violations she committed caused by her poor record keeping of court transactions, resulting in her cash shortages; her delay in the deposit or remittance of collections; and her unauthorized withdrawals. She attributed her shortcomings to her unfamiliarity with accounting and bookkeeping principles, and with the Court's circulars on the proper administration of court funds. She claimed that she incurred the shortages with no intention to defraud the Court or the government. She also faulted the Office of the Clerk of Court in the MCTC, Ilog-Candoni, for not having an updated compilation of the Court's issuances that could guide her in her work, and the court's Property Division for turning a deaf ear to her repeated requests for cashbooks. Ultimately, she asked this Court to grant her leniency and to allow her to enjoy her retirement benefits in full since she had restituted her shortages by depositing the amounts of these shortages with the LBP. After considering Cuachon's explanation, the OCA maintained its recommendation to impose a fine of P5,000.00, to be deposited with the Judiciary Development Fund, in order to compensate the government for the lost interest income caused by her delay in the deposit or remittance of Fiduciary Fund collections. [5] In compliance with our Resolution, [6] Cuachon expressed her willingness to submit the case for resolution based on the records and/or pleadings filed. She also asked for the early resolution of her case [7] and for the immediate release of her retirement benefits and the monetary value of her leave credits. She claimed that she needed the money to buy her diabetes and hypertension medications. The Court noted her letters and motions in its subsequent resolutions. Alejano, on the other hand, also explained in her Letter of July 14, 2006 [8] the circumstances behind her shortages and the loss or misplacement of receipts. She faulted the lack of a proper turnover of documents and cash bonds from the outgoing Clerk of Court at the time she was designated as OIC-Clerk of Court. She also alleged that the newly renovated building that housed most of their court records was infested by termites, and many court documents - including the receipts already audited by the OCA - were lost there. Accompanying Alejano's letter-explanation were additional documents that could be useful in reducing her remaining accountability, and her humble request that the Court guide her on how to resolve her problem. In a Resolution dated July 11, 2007, [9] the Court directed Alejano: to pay and deposit her shortage of P12,800.00 in the Fiduciary Fund (which amount resulted from the re-computation of Alejano's accountability based on additional do