MTCC clerk of court suspended

CEBU, Philippines - The Supreme Court has suspended for six months the Municipal Trial Court in Cities (MTCC) clerk of court in Bogo City for failing to observe the guidelines in the proper administration of court funds.

Associate Justice Jose Catral Mendoza found Estrella Nini guilty for gross neglect of duty for the delay in the remittances of fiduciary collections and the failure to collect the required Sheriff’s Trust Fund (STF) for civil cases.

“It is clear in the findings of the audit team, as bolstered by Nini’s admission, that irregularities in the administration of court funds were indeed committed,” the decision reads.

Due to the delay of remittances, Nini was likewise meted a fine of P5,000 and warned that the repetition of a similar offense shall be “dealt with more severely.”

In their complaint, the Office of the Court Administrator (OCA) averred they discovered numerous delays in the remittances of funds made by the respondent after they conducted a financial audit covering the period from October 1, 1995 to March 31, 2011.

The books of the MTCC accounts were last audited in September 1995 in view of the retirement of former Clerk of Court, Rosela Condor. Nini assumed office as clerk of court on February 6, 1996.

OCA likewise, discovered that Nini failed to collect the mandatory P1,000 STF for every civil case filed in court pursuant to paragraph 2, Section 10 of the Amended Administrative Circular No. 35-2004. The said amount is supposed to cover the expenses incurred in the service of summons and other court processes.

Nini however argued that no guidelines were issued regarding the said fund.

In his decision, Mendoza said that based on the actuations made by Nini, she deserves administrative sanctions.

“Settled is the role of clerks of court as judicial officers entrusted with the delicate function with regards to collection of legal fees…they are expected to correctly and effectively implement regulations relating to proper administration of court funds,” the decision reads.

Mendoza said they will not tolerate such kind of actuations as respondent was expected to be with a “degree of competence and alacrity worthy to her position.”

He added respondent failed to observe the Supreme Court Circular Nos. 13-92 and 5-93 for the proper administration of court funds.

Under the circular, Mendoza said all fiduciary collections shall be deposited immediately by the clerk of court upon receipt to an authorized government depository bank.

He said the delay in the remittance of collection constitutes neglect of duty.

“The court zealously aims to safeguard the people’s faith in the Judiciary by improving the route by which justice is served. Certainly, an officer who constantly bleats about the complexity of his responsibilities resultantly neglects his duties,” decision reads.

He added that such kind of officer does not help the judiciary’s goal and deserves penalty.

Meanwhile, Mendoza directed MTCC presiding Judge Dante Manreal to designate an acting clerk of court to collect the mandatory P1,000 for every civil case and to open a new account for STF transactions under the name of either executive or presiding judge and clerk of court.

He likewise, advised Manreal to strictly monitor the financial transactions of the MTCC. (FREEMAN)