November 2008 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2008 > November 2008 Resolutions >
[A.M. No. P-03-1755 : November 11, 2008] JUDGE MANUEL S. SOLLESTA V. SALVACION B. MISSION, CLERK OF COURT II, MCTC, BANGA, SOUTH COTABATO :
[A.M. No. P-03-1755 : November 11, 2008]
JUDGE MANUEL S. SOLLESTA V. SALVACION B. MISSION, CLERK OF COURT II, MCTC, BANGA, SOUTH COTABATO
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated November 11, 2008
In the Decision dated April 29, 2005, the Court found Salvacion B. Mission (Mission), Clerk of Court II of MCTC, Banga, South Cotabato, guilty of misappropriating fiduciary funds and ordered her dismissal from the service.
The Court found that Mission incurred a shortage of P171,450.00 consisting of undeposited collections and unliquidated cash advances. She also withdrew from the bank without requisite court orders, incurred delay in depositing and remitting collections to the Supreme Court, and failed to remit to (he National Treasury interests from deposits. The Court held that even though Mission restituted the full amount misappropriated, such restitution cannot be considered in her favor as it was not voluntary, but was a result of salary deduction by virtue of a Fiscal Management Office-Office of the Court Administrator (FMO-OCA) memorandum; her offense is not an isolated act but is comprised of a series of actions committed within a period of more than eight months, which is indicative of her systematic plan to deprive the court of its funds.
A case for Malversation of Public Funds under Article 217 of the Revised Penal Code (RFC)' docketed as Criminal Case No. 2702 was thereafter filed against Mission before the Regional Trial Court (RTC) of Surallah, South Cotabato.
In August 2007, Mission filed an Offer to Plead Guilty to a Lesser Offense alleging that she was withdrawing her plea of not guilty under Article 217[1] and instead, offered a plea of guilty for violation of Article 218[2] of the RFC since she was already dismissed- from the service; and the government incurred no financial damage, upon her restitution of the amount involved. The Ombudsman sought advice from the Office of the Court Administrator (OCA); and the latter, through its letter dated October 17, 2007 expressed that it could not give its consent to such offer, saying that the dismissal of Mission from the service was separate and distinct from her criminal liability, and to allow her to plead guilty to a lesser offense would set a bad precedent.
The RTC, in its Order dated November 1, 2007, denied Mission's offer to plead guilty to a lesser offense.
On March 25, 20.08, Mission tiled before the RTC an Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense, which is the subject of Mission's handwritten letter addressed to the Chief Justice dated July 23, 2008, which letter is now under consideration by the Court.
Before the Court
Mission reiterates in her July 23, 2008 letter her regrets over having malversed and misappropriated for her own personal benefit the amount of P171,450.00. She asks for forgiveness and avers that she is now old, has changed, has gone back to Antique with her husband to till their small farm, and she and her husband have plans of. joining their daughter in Canada. She avers that she has already restituted the amount involved and begs the Court to give consent to the Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense, allow her to enter a plea of guilty to a lesser offense under Article 218 of the RPC and recommend the penalty of fine of P4,000.00 only, with no corresponding accessory penalty.
In the Resolution dated August 12, 2008, the Court referred the letter to the OCA for comment and recommendation.
OCA Recommendation
In the Memorandum dated September 23, 2008, the OCA, through Court Administrator Jose P. Perez, recommended that the request of Mission for the Court to admit the Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense (Under Article 218, RPC) relative to Criminal Case No. 2702 (People of the Philippines v. Mission) pending in the RTC of Branch 26, Surallah, South Cotabato be denied for the following reasons:
-the object in administrative cases is not retribution for the complainant but rather the preservation of the integrity and competence of the judiciary by policing its ranks and enforcing discipline among its erring employees;
-to allow Mission to plead guilty to a lesser offense will set a bad precedent to employees facing criminal charges in court and moreover, any conviction after trial will serve as a deterrent to other court employees from committing future similar acts;
-the public's faith and confidence in the administration of justice would certainly be eroded and undermined if tolerated within the judiciary's ranks are court employees blatantly violating our criminal laws;
-Mission, by her own admissions and by substantial evidence, was found guilty of gross dishonesty; her restitution will also not defeat any culpability, as it was not voluntarily done but was made through deductions of salaries and other benefits by the CMO.
The Court finds the recommendation of Court Administrator Jose P. Perez to be well-taken and adopts the same. The Court denies the request of respondent Salvacion B. Mission for this Court to give comment to her Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense. Let a copy of herein Resolution be furnished the Regional Trial Court of Surallah, South Cotabato for its information and guidance. "
"A.M. No. P-03-1755 - Judge Manuel S. Sollesta v. Salvacion B. Mission, Clerk of Court II, MCTC, Banga, South Cotabato
In the Decision dated April 29, 2005, the Court found Salvacion B. Mission (Mission), Clerk of Court II of MCTC, Banga, South Cotabato, guilty of misappropriating fiduciary funds and ordered her dismissal from the service.
The Court found that Mission incurred a shortage of P171,450.00 consisting of undeposited collections and unliquidated cash advances. She also withdrew from the bank without requisite court orders, incurred delay in depositing and remitting collections to the Supreme Court, and failed to remit to (he National Treasury interests from deposits. The Court held that even though Mission restituted the full amount misappropriated, such restitution cannot be considered in her favor as it was not voluntary, but was a result of salary deduction by virtue of a Fiscal Management Office-Office of the Court Administrator (FMO-OCA) memorandum; her offense is not an isolated act but is comprised of a series of actions committed within a period of more than eight months, which is indicative of her systematic plan to deprive the court of its funds.
A case for Malversation of Public Funds under Article 217 of the Revised Penal Code (RFC)' docketed as Criminal Case No. 2702 was thereafter filed against Mission before the Regional Trial Court (RTC) of Surallah, South Cotabato.
In August 2007, Mission filed an Offer to Plead Guilty to a Lesser Offense alleging that she was withdrawing her plea of not guilty under Article 217[1] and instead, offered a plea of guilty for violation of Article 218[2] of the RFC since she was already dismissed- from the service; and the government incurred no financial damage, upon her restitution of the amount involved. The Ombudsman sought advice from the Office of the Court Administrator (OCA); and the latter, through its letter dated October 17, 2007 expressed that it could not give its consent to such offer, saying that the dismissal of Mission from the service was separate and distinct from her criminal liability, and to allow her to plead guilty to a lesser offense would set a bad precedent.
The RTC, in its Order dated November 1, 2007, denied Mission's offer to plead guilty to a lesser offense.
On March 25, 20.08, Mission tiled before the RTC an Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense, which is the subject of Mission's handwritten letter addressed to the Chief Justice dated July 23, 2008, which letter is now under consideration by the Court.
Before the Court
Mission reiterates in her July 23, 2008 letter her regrets over having malversed and misappropriated for her own personal benefit the amount of P171,450.00. She asks for forgiveness and avers that she is now old, has changed, has gone back to Antique with her husband to till their small farm, and she and her husband have plans of. joining their daughter in Canada. She avers that she has already restituted the amount involved and begs the Court to give consent to the Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense, allow her to enter a plea of guilty to a lesser offense under Article 218 of the RPC and recommend the penalty of fine of P4,000.00 only, with no corresponding accessory penalty.
In the Resolution dated August 12, 2008, the Court referred the letter to the OCA for comment and recommendation.
OCA Recommendation
In the Memorandum dated September 23, 2008, the OCA, through Court Administrator Jose P. Perez, recommended that the request of Mission for the Court to admit the Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense (Under Article 218, RPC) relative to Criminal Case No. 2702 (People of the Philippines v. Mission) pending in the RTC of Branch 26, Surallah, South Cotabato be denied for the following reasons:
-the object in administrative cases is not retribution for the complainant but rather the preservation of the integrity and competence of the judiciary by policing its ranks and enforcing discipline among its erring employees;
-to allow Mission to plead guilty to a lesser offense will set a bad precedent to employees facing criminal charges in court and moreover, any conviction after trial will serve as a deterrent to other court employees from committing future similar acts;
-the public's faith and confidence in the administration of justice would certainly be eroded and undermined if tolerated within the judiciary's ranks are court employees blatantly violating our criminal laws;
-Mission, by her own admissions and by substantial evidence, was found guilty of gross dishonesty; her restitution will also not defeat any culpability, as it was not voluntarily done but was made through deductions of salaries and other benefits by the CMO.
The Court finds the recommendation of Court Administrator Jose P. Perez to be well-taken and adopts the same. The Court denies the request of respondent Salvacion B. Mission for this Court to give comment to her Amended Leave of Court to File 2nd Offer to Plead Guilty to a Lesser Offense. Let a copy of herein Resolution be furnished the Regional Trial Court of Surallah, South Cotabato for its information and guidance. "
Very truly yours:
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
�(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] Malversation of public funds or property.
[2] Failure of accountable officer to render accounts.
