Righting a wrong with another wrong

Clerks of Court are not allowed to keep in his custody, funds and fees collected for and in behalf of the court. He has to deposit the same immediately upon receipt with the Land Bank of the Philippines or if there is no branch of the bank in the place where the court is located, with the City, Municipal or Provincial Treasurer. Otherwise he will be guilty of gross neglect of duty, dishonesty and grave misconduct even if it is not established that he has malversed the funds. This is what happened in this case of Bert.

Bert was the Clerk of Court of a Municipal Trial Circuit Court (MTCC) of a town. After a financial audit was conducted during his incumbency, it was discovered that he has incurred shortages during the two-year period of his incumbency (2002-2004) in the following accounts: the Judicial Development Fund, Fiduciary Fund, General Fund, Special Allowance for the Judiciary, and Marriage Solemnization Fees all totaling P792,213. His unexplained accountabilities were due to the absence of deposit slips for the funds collected and uncollected fees for 48 marriages solemnized.

Bert strongly denied malversing/pocketing the court’s collections. He claimed that he had been frequently on leave of absence starting late 2003 as he had a heart ailment due to stress, anxiety and fear caused by threats to his life and that of his family. He admitted though that the collections for the different funds of the MTCC during his incumbency as OIC was not deposited in the LBP because when he was about to deposit them he was informed of the change in authorized signatories. Hence, upon advice of his mother who was a lawyer in the City Prosecutor’s Office and acted as his counsel, he brought the money to her, who in turn gave them to her secretary who kept the cash in the vault of the City Prosecutor’s Office. Thereafter all withdrawals/deposits were done through Bert’s mother/counsel. Bert blamed his poor health for being remiss in the performance of his duties.

But the investigating Judge and the Office of the Court Administrator still found Bert guilty of grave misconduct, dishonesty and gross neglect of duty. The Judge ruled that it should not have taken Bert that long to deposit the collections in the bank. Were the Judge and the OCA correct?

Yes. Bert violated the trust reposed on him as clerk of court and accountable officer who was in charge of the court’s funds and responsible for its collection and safekeeping. He collected the court’s funds but never bothered to deposit them in the LBP, the official court depository bank within 24 hours upon receipt which is in violation of SC Administrative Circular 50-95. Holding on to the collections upon learning that he could not make the deposit anymore because he was no longer an authorized signatory and turning them over to his mother who allegedly kept the funds in the vault of the Prosecutor’s Office, made matters worse. It is a classic case of “righting a wrong with another wrong”. No amount of explanation can hide the fact that Bert had at his disposal for so many years huge amount of money which if deposited in the bank could have redounded to the benefit of the government. It cannot be discounted that Bert benefited from it. Malversation of these funds is also not remote. While it had not been established that he malversed the funds, it cannot be disputed that his acts and omissions constitute a betrayal of trust and confidence the Court reposes on a senior officer. Oddly, Bert also failed to collect the marriage solemnization fees for 48 marriages for which he is accountable.

So Bert is liable for gross neglect of duty, dishonesty and grave misconduct which are punishable with a penalty of dismissal even if committed for the first time with disqualification for reemployment in any government office. His retirement/ separation benefits should be forfeited except for accrued leave credits. And he should also pay the P712, 213 shortages in public funds (OCA vs. Marcelo etc. A.M. P-06-2221, October 5, 2010).

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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