ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 
 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-2003 Jurisprudence                 

  • G.R. No. 129279 March 4, 2003 - ALFREDO M. OUANO v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1383 March 5, 2003 - PERLITA AVANCENA v. RICARDO P. LIWANAG

  • G.R. No. 127827 March 5, 2003 - ELEUTERIO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131516 March 5, 2003 - PEOPLE OF THE PHIL v. RONNIE RULLEPA

  • G.R. No. 131636 March 5, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO INVENCION

  • G.R. No. 138193 March 5, 2003 - OSM SHIPPING PHIL. v. NLRC, ET AL.

  • G.R. No. 139906 March 5, 2003 - PEOPLE OF THE PHIL. v. ANTHONY A. MANGUERA

  • G.R. No. 143464 March 5, 2003 - EMILIO S. YOUNG v. JOHN KENG SENG

  • G.R. No. 149382-149383 March 5, 2003 - PEOPLE OF THE PHIL. v. RICARDO B. BODOSO

  • A.C. No. 4921 March 6, 2003 - CARMELITA I. ZAGUIRRE v. ALFREDO CASTILLO

  • A.M. No. P-02-1540 March 6, 2003 - EULOGIO B. GUEVARRA v. VICENTE S. SICAT

  • G.R. No. 134121 March 6, 2003 - PEOPLE OF THE. PHIL. v. EDWIN ALCODIA

  • A.C. No. 1558 March 10, 2003 - HONORIO MANALANG, ET AL. v. FRANCISCO F. ANGELES

  • A.M. No. RTJ-01-1625 March 10, 2003 - JOSELITO S. PASCUAL v. RODOLFO R. BONIFACIO

  • G.R. No. 116652 March 10, 2003 - NINOY AQUINO INTERNATIONAL AIRPORT AUTHORITY v. COURT OF APPEALS, ET AL.

  • G.R. No. 138280 March 10, 2003 - LEON REQUIRON v. PATRICIA SINABAN, ET AL.

  • G.R. No. 148030 March 10, 2003 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. SANDIGANBAYAN, ET AL.

  • A.C. No. 5925 March 11, 2003 - RUBY MAE BARNACHEA v. ATTY. EDWIN T. QUIOCHO

  • A.M. No. P-94-1054 March 11, 2003 - EDWIN A. ACEBEDO v. EDDIE P. ARQUERO

  • A.M. No. RTJ-01-1646 March 11, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. FRANCISCO C. JOVEN

  • G.R. No. 129201 March 11, 2003 - REYNALDO CRISTE UNIDAD v. COURT OF APPEALS, ET AL.

  • G.R. No. 144294 March 11, 2003 - SOLEDAD CHANLIONGCO RAMOS, ET AL. v. TERESITA D. RAMOS, ET AL.

  • G.R. No. 130325 March 12, 2003 - RAMON T. LIM v. COMMISSION ON AUDIT

  • A.M. No. 02-8-471-RTC March 14, 2003 - RE: JUDICIAL AUDIT REPORT CONDUCTED IN THE RTC, BR. 17, KIDAPAWAN CITY

  • G.R. No. 126028 March 14, 2003 - PEOPLE OF THE PHIL. v. EXPEDITO ALFON

  • G.R. No. 126711 March 14, 2003 - CARLOS SUPER DRUG CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128646 March 14, 2003 - CRISELDA F. JOSE v. COURT OF APPEALS, ET AL.

  • G.R. No. 129306 March 14, 2003 - PEOPLE OF THE PHIL. v. JAMES M. PATANO, ET AL.

  • G.R. Nos. 133994-95 March 14, 2003 - PEOPLE OF THE PHIL. v. PEDRO BACALING

  • G.R. Nos. 140786-88 March 14, 2003 - PEOPLE OF THE PHIL. v. EDGARDO MAURO

  • G.R. No. 142011 March 14, 2003 - ALFONSO C. CHOA v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 145505 March 14, 2003 - PEOPLE OF THE PHIL. v. RICARDO GARCIA

  • G.R. No. 149416 March 14, 2003 - CARMELITA V. SANTOS v. SAN MIGUEL CORP.

  • G.R. Nos. 149872-73 March 14, 2003 - PEOPLE OF THE PHIL. v. ROSDIA S. HAJILI

  • G.R. No. 150843 March 14, 2003 - CATHAY PACIFIC AIRWAYS v. SPS DANIEL and MARIA LUISA VAZQUEZ

  • G.R. No. 154499 March 14, 2003 - ALBERTO V. REYES, ET AL. v. RURAL BANK OF SAN MIGUEL

  • A.C. No. 5305 March 17, 2003 - MARCIANO P. BRION, JR. v. FRANCISCO F. BRILLANTES, JR.

  • A.M. No. P-02-1607 March 17, 2003 - ELSIE U. MAMACLAY v. JOEL FRANCISCO

  • G.R. No. 122150 March 17, 2003 - GEORGE (CULHI) HAMBON v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-02-1704 March 18, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. TOMAS B. NOYNAY

  • G.R. No. 128871 March 18, 2003 - PEOPLE OF THE PHIL. v. JIMMY RUBISO

  • G.R. No. 141530 March 18, 2003 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142749 March 18, 2003 - PEOPLE OF THE PHIL. v. BERNARDO C. GAVINO

  • A.C. No. 5162 March 20, 2003 - EMILIANO COURT TOWNHOUSES HOMEOWNERS ASS’N.. v. MICHAEL DIONEDA

  • A.C. No. 4763 March 20, 2003 - GIL Y. GAMILLA, ET AL. v. EDUARDO J. MARIÑO JR.

  • A.C. No. 5246 March 20, 2003 - EDGAR O. PEREA v. RUBEN ALMADRO

  • A.M. No. P-01-1492 March 20, 2003 - RENATO MIGUEL D. GARCIA v. PERSHING T. YARED

  • A.M. No. P-03-1685 March 20, 2003 - MONICA A. VILLASEÑOR v. PATRICIA S.J. DE LEON

  • G.R. No. 115966 March 20, 2003 - JUANA ALMIRA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124611 March 20, 2003 - WENONAH L. MARQUEZ-AZARCON v. CHARITO BUNAGAN, ET AL.

  • G.R. No. 143275 March 20, 2003 - LAND BANK OF THE PHIL. v. ARLENE DE LEON, ET AL.

  • G.R. No. 144156 March 20, 2003 - PEOPLE OF THE PHIL. v. PAQUITO ROMERO

  • G.R. No. 145995 March 20, 2003 - PEOPLE OF THE PHIL. v. SATURNINO J. ILUIS

  • G.R. No. 148568 March 20, 2003 - ATLANTIC ERECTORS v. HERBAL COVE REALTY CORPORATION

  • A.C. No. 5081 March 24, 2003 - EMILIANA M. EUSTAQUIO, ET AL. v. ATTY. REX C. RIMORIN

  • G.R. No. 121943 March 24, 2003 - CHINA BANKING CORP. v. SPS. OSCAR and LOLITA ORDINARIO

  • G.R. No. 153881 March 24, 2003 - ELPIDIO G. SORIANO III v. REUBEN S. LISTA, ET AL.

  • G.R. No. 143867 March 25, 2003 - PLDT v. CITY OF DAVAO, ET AL.

  • A.M. No. P-02-1534 March 26, 2003 - OSCAR S. AQUINO v. RICARDO C. OLIVARES

  • A.M. No. P-98-1275 March 26, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. EDGARDO A. MABELIN

  • G.R. No. 123076 March 26, 2003 - PEOPLE OF THE PHIL. v. EVELYN C. PATAYEK, ET AL.

  • G.R. No. 132165 March 26, 2003 - PEOPLE OF THE PHIL. v. MELLY A. SARAP

  • G.R. No. 132761 March 26, 2003 - NORMA ORATE v. COURT OF APPEALS, ET AL.

  • G.R. No. 135682 March 26, 2003 - PEOPLE OF THE PHIL. v. DANILO B. REYES

  • G.R. No. 137406 March 26, 2003 - PEOPLE OF THE PHIL. v. ROGELIO DELADA, JR.

  • G.R. No. 137795 March 26, 2003 - COLEGIO DE SAN JUAN DE LETRAN-CALAMBA v. BELEN P. VILLAS

  • G.R. No. 141833 March 26, 2003 - LM POWER ENGINEERING CORP. v. CAPITOL INDUSTRIAL CONSTRUCTION GROUPS INC.

  • G.R. No. 142403 March 26, 2003 - ALEJANDRO GABRIEL, ET AL. v. SPS. PABLO MABANTA AND ESCOLASTICA COLOBONG, ET AL.

  • G.R. No. 145726 March 26, 2003 - PEOPLE OF THE PHIL. v. FERDINAND ANTONIO

  • G.R. No. 150718 March 26, 2003 - BASILIO BORJA, SR. v. SULYAP, INC., ET AL.

  • G.R. No. 155618 March 26, 2003 - EDGAR Y. SANTOS v. COMELEC, ET AL.

  • G.R. No. 126029 March 27, 2003 - PEOPLE OF THE PHIL. v. REY SUNGA, ET AL.

  • A.M. No. MTJ-02-1395 March 28, 2003 - BAIKONG AKANG CAMSA v. AURELIO D. RENDON, ET AL.

  • A.M. No. MTJ-02-1412 March 28, 2003 - BERNIE G. MIAQUE, ET AL. v. NILO P. PAMONAG

  • A.M. No. P-01-1491 March 28, 2003 - ELEANOR TEODORA MARBAS-VIZCARRA v. PRINCESITO SORIANO

  • A.M. No. P-02-1535 March 28, 2003 - FERNANDO FAJARDO v. RODOLFO V. QUITALIG

  • A.M. No. RTJ-03-1766 March 28, 2003 - LINDA M. SACMAR v. AGNES REYES-CARPIO

  • A.M. No. RTJ-03-1767 March 28, 2003 - ROSALIA DOCENA-CASPE v. ARNULFO O. BUGTAS

  • G.R. No. 112459 March 28, 2003 - PEOPLE OF THE PHIL. v. PEDRO TUMULAK

  • G.R. Nos. 116224-27 March 28, 2003 - PEOPLE OF THE PHIL. v. DONATO CARAIG

  • G.R. No. 139455 March 28, 2003 - REPUBLIC OF THE PHIL., ET AL. v. PEDRO MARIANO

  • G.R. No. 139907 March 28, 2003 - PEOPLE OF THE PHIL. v. MARCELO BATES

  • G.R. No. 142930 March 28, 2003 - PEOPLE OF THE PHIL. v. KAKINGCIO CAÑETE

  • G.R. No. 143704 March 28, 2003 - PEOPLE OF THE PHIL. v. ALEX MANALLO

  • G.R. No. 152404 March 28, 2003 - RODOLFO ARZAGA, ET AL. v. SALVACION COPIAS, ET AL.

  • G.R. No. 120135 March 31, 2003 - BANK OF AMERICA NT&SA, ET AL. v. COURT OF APPEALS, ET AL.

  •  




     
     

    A.M. No. P-02-1534   March 26, 2003 - OSCAR S. AQUINO v. RICARDO C. OLIVARES

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. P-02-1534. March 26, 2003.]

    JUDGE OSCAR S. AQUINO, Petitioner, v. RICARDO C. OLIVARES, * Clerk of Court, MCTC, Babak, Davao del Norte, Respondent.

    R E S O L U T I O N


    SANDOVAL-GUTIERREZ, J.:


    In his letter-complaint dated November 4, 1999, addressed to former Court Administrator Alfredo L. Benipayo, Judge Oscar S. Aquino 1 reported that he issued a Memorandum dated October 19, 1999 to Ricardo C. Olivares, Clerk of Court of the said court, directing him to explain in writing under oath why he should not be administratively charged for violation of Supreme Court Circular No. 50-95 and/or malversation through falsification of public document for keeping in his possession for five (5) months the cash bond in the amount of P12,000.00 posted by the accused in Criminal Case No. 1948.

    In his written explanation dated October 29, 1999, 2 Clerk of Court Olivares alleged that he incurred delay in depositing the bail bond of P12,000.00 to the Municipal Treasurer (now City Treasurer of Island Garden, Samal, Davao) due to oversight considering that he is old and sometimes forgetful. He noticed the bail bond contained in an envelope only when he was checking his records in preparation for his retirement. Immediately or on July 26, 1999, he deposited the amount with the Municipal Treasurer. He vehemently denied that he misappropriated the same. He claimed that for thirty (30) years as a public servant, he has maintained an unblemished reputation and has performed his duties efficiently with utmost dedication. He pleads that this case be resolved in his favor so that he and his family can enjoy his retirement benefits.

    The evaluation of Court Administrator Presbitero J. Velasco, Jr. is reproduced as follows:chanrob1es virtua1 1aw 1ibrary

    "x       x       x

    "The respondent does not deny that there was delay in depositing the P12,000.00 cash bond with the proper municipal treasurer. He denies that he converted or used the money to his personal use. The brown envelope containing the money was still intact with the other envelopes inside the vault when he discovered it. There is nothing in the records to show that he ever falsified a public document in connection with cash bond. It can be presumed, absent any allegation to the contrary, that the money he deposited with the municipal treasurer was the same money he received as cash bond from the accused.chanrob1es virtua1 1aw 1ibrary

    There is no question that the respondent incurred delay in depositing the cash bond with the municipal treasurer for a period of five (5) months. His plea for leniency deserves sympathy in the light of the fact that he had not used the cash bond for his personal benefit, and his protestation that the lapse was occasioned by his forgetfulness due to his advanced age. In fact the Supreme Court approved his application for optional retirement effective April 17, 2000."cralaw virtua1aw library

    Court Administrator Velasco, Jr. recommended that this case be re-docketed as a regular administrative case and that respondent Olivares be fined. in the sum of P3,000.00 to be deducted from his retirement benefits.

    Pursuant to the Resolution dated December 10, 2001 of this Court, 3 both parties manifested to submit this case for decision based on the pleadings/records already filed.

    Supreme Court Circular No. 50-95 dated October 11, 1995 states that "all collections from bailbonds, rental deposits, and other fiduciary collections shall be deposited within twenty-four (24) hours by the Clerk of Court concerned, upon receipt thereof, with the Land Bank of the Philippines." Supreme Court Circulars Nos. 5 dated November 25, 1982 and 5-A dated December 3, 1982 provide:chanrob1es virtual 1aw library

    Circular No. 5

    ". . . All collections of funds of a fiduciary character including rental deposits shall be deposited immediately by the Clerk of Court concerned upon receipt thereof with the City, Municipal or Provincial treasurer where his Court is located . . .

    Circular No. 5-A

    ". . . By way of implementing Circular No. 5 dated November 25, 1982 directing the deposit of all collections of fiduciary funds including rental deposits by the Clerk of Court concerned with the City, Municipal or Provincial Treasurer where his Court of located, all Clerks of Court are hereby directed to use a Deposit Acceptance Order form for said purpose, a facsimile of which is hereto attached for their guidance and ready reference . . ."cralaw virtua1aw library

    Clearly, respondent Olivares violated the above Circulars. He should have deposited the cash bond immediately or within twenty-four (24) hours with the Municipal Treasurer. Instead, it took him about five (5) months to do so.

    The charge of malversation through falsification of public document has no basis. One essential element of the crime of malversation is that a public officer must take public funds, money or property, and misappropriate it for his own private use or benefit. 4 In this case, there is no proof that respondent appropriated the amount.chanrob1es virtua1 1aw 1ibrary

    Clerks of Court are the chief administrative officers of their respective courts. With regard to the collection of legal fees, they perform a delicate function as judicial officers entrusted with the correct and effective implementation of regulations thereon. 5 Hence, as custodians of court funds and revenues, 6 they have always been reminded of their duty to immediately deposit the various funds received by them to the authorized government depositories 7 for they are not supposed to keep funds in their custody. 8 For those who have fallen short of their accountabilities, we have not hesitated to impose the ultimate penalty. 9 Even undue delay in the remittances of amounts collected by them at the very least constitutes misfeasance. 10 This Court has never and will never tolerate nor condone any conduct which would violate the norms of public accountability and diminish, or even tend to diminish, the faith of the people in the justice system. 11 Indeed, as an officer of the court, respondent was duty-bound to use reasonable skill and diligence in the performance of his officially designated duties. 12 He has fallen short of this standard. Thus, we find him administratively liable for simple neglect of duty.chanrob1es virtua1 1aw 1ibrary

    Under the Civil Service Law, 13 simple neglect of duty is a less grave offense punishable by suspension for one (1) month and one (1) day to six (6) months for the first infraction. Considering that respondent Olivares compulsorily retired on April 17, 2000, he can no longer be suspended from the service. A fine of P3,000.00 is deemed appropriate.

    WHEREFORE, for simple neglect of duty, respondent Ricardo C. Olivares, retired Clerk of Court, is FINED in the sum of three thousand pesos (P3,000.00) to be deducted from his retirement benefits.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Puno, Panganiban, Corona and Carpio-Morales, JJ., concur.

    Endnotes:



    * Compulsorily retired effective April 17, 2000.

    1. Presiding Judge of the Municipal Circuit Trial Court of Babak-Samal, Davao del Norte.

    2. Rollo at 42–43.

    3. Rollo at 52.

    4. Salamera v. Sandiganbayan, 362 Phil. 556 (1999).

    5. Manual for Clerks of Court, p. 187 (1991).

    6. Office of the Court Administrator v. Lucio, P-P-96-1206, 11 June 1996, 257 SCRA 287.

    7. Judiciary Planning Development and Implementation Office v. Calaguas, A.M. No. P-95-1155, 15 May 1996, 256 SCRA 690.

    8. Ferriols v. Hiam, A.M. No. P-90-414, 9 August 1993, 225 SCRA 205.

    9. Re: Report on the Judicial and Financial Audit of RTC-Br. 4, Panabo, Davao del Norte, A.M. No. 95-4-143-RTC, 13 March 1998, 287 SCRA 510.

    10. Report on the Financial Audit in RTC, General Santos City, 384 Phil. 155 (2000).

    11. Re: Report on the Judicial Audit, RTC-Br. 117, Pasay City, A.M. No. 96-5-163-RTC, 18 June 1998, 291 SCRA 18.

    12. De Castro v. Santos, A.M. No. P-90-474, 19 June 1991, 198 SCRA 245.

    13. RULE IV, Sec. 52 B(1), Uniform Rules on Administrative Cases in the Civil Service (1999).

    A.M. No. P-02-1534   March 26, 2003 - OSCAR S. AQUINO v. RICARDO C. OLIVARES




    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED