February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. P-11-2956 : February 08, 2012]
OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT v. SULPICIO I. ANACAYA, FORMER CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT, CARAGA-MANAY-TARRAGONA, DAVAO ORIENTAL, RESPONDENT [FORMERLY A.M. NO. 11-6-58-MCTC (RE: FINANCIAL AUDIT ON THE BOOKS OF ACCOUNTS OF SULPICIO I. ANACAYA, FORMER CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT, CARAGA-MANAY-TARRAGONA, DAVAO ORIENTAL)
A.M. No. P-11-2956: OFFICE OF THE COURT ADMINISTRATOR, complainant v. SULPICIO I. ANACAYA, former Clerk of Court II, Municipal Circuit Trial Court, Caraga-Manay-Tarragona, Davao Oriental, respondent [Formerly A.M. No. 11-6-58-MCTC (RE: FINANCIAL AUDIT ON THE BOOKS OF ACCOUNTS OF SULPICIO I. ANACAYA, former Clerk of Court II, Municipal Circuit Trial Court, Caraga-Manay-Tarragona, Davao Oriental)]
This is an administrative complaint filed by the Office of the Court Administrator (OCA) against Sulpicio I. Anacaya (Anacaya), former Clerk of Court II, Municipal Circuit Trial Court, Caraga-Manay-Tarragona, Davao Oriental for his failure to deposit his judiciary collections on time.
This case arose from the financial examination conducted on the books of accounts of Anacaya covering the period 1 April 1985 to 31 December 2006.
Anacaya compulsorily retired from the service on 17 January 2007.
As found by the audit team, Anacaya incurred shortages in the remittances of his judiciary collections, to wit:[1]
Clerk of Court's General Fund (COCGF) Special Allowance for the Judiciary Fund (SAJF) Judiciaiy Development Fund (JDF) Fiduciary Fund (FF) TOTAL
In addition, it was found that Anacaya failed to timely deposit numerous cash bonds, in violation of various Supreme Court circulars,[2] to wit:[3]
Collections
Collected
Deposited
Delayed in
Remittances
Anacaya admitted the shortages and in fact restituted the same on various dates of November 2010, after being directed to do so in a Memorandum dated 23 July 2008.
On the delayed deposit of his collections, Anacaya explained that the nearest Land Bank of the Philippines (LBP) branch is located in Mati City, Davao Oriental which is 67.27 kilometers from his official station in Manay, Davao Oriental. He claimed that each trip from MCTC Manay to LBP, Mati Branch, takes at least 2 1/2 hours that necessarily involves risk along the way and costs P160.00 (roundtrip fare) which he shoulders.
In a Memorandum dated 25 May 2011, addressed to the Chief Justice, the OCA made the following recommendation:
In view of the foregoing, it is respectfully recommended that this report be docketed as a regular administrative matter against Mr. Sulpicio L. Anacaya, former Clerk of Court II of Municipal Circuit Trial Court, Caraga-Manay-Tarragona, Davao Oriental and that he be FINED in the amount of Ten Thousand Pesos (P10,000.00) for his failure to deposit his collections on time thereby depriving the government of supposed interests earned from the said deposit.[4] (Boldfacing in the original)
The Court agrees with the findings of the OCA. However, the Court rules that Anacaya is guilty of gross neglect of duty.
Anacaya's admitted acts of incurring shortages in his remittances and of failing to deposit timely his judiciary collections, thereby depriving the government of interests earned from such deposit, constitute gross neglect of duty.[5]
A clerk of court is grossly negligent for his or her failure to promptly remit or deposit cash collections with the local or nearest LBP Branch, as mandated by Court administrative circulars and issuances.[6] No protestation of good faith can override the mandatory observance of court circulars which are aimed to promote full accountability of public funds.[7] Even restitution of the amount of the shortages does not exempt respondent from the consequences of his wrongdoing.[8]
Thus, Anacaya's restitution of the shortages and his justifications for the delayed deposit of his collections, namely, (1) the distance between the nearest LBP branch and his official station; and (2) the costly roundtrip fare for such travel, do not excuse Anacaya from administrative liability. The Court condemns and does not tolerate any conduct that violates the norms of public accountability and diminishes public confidence in the judicial system.[9]
Under Rule IV, Section 52-A of the Civil Service Uniform Rules on Administrative Cases in the Civil Service, gross neglect of duty amounts to a grave offense punishable by dismissal even when committed for the first time.[10]
However, since Anacaya has compulsorily retired from the service, the Court affirms the recommended penalty of a P10,000 fine on Anacaya.[11]cralaw
WHEREFORE, the Court finds Sulpicio I. Anacaya, former Clerk of Court II, Municipal Circuit Trial Court, Caraga-Manay-Tarragona, Davao Oriental, GUILTY of gross neglect of duty for which he is FINED Ten Thousand Pesos (P10,000), to be deducted from his retirement benefits.
SO ORDERED.
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court
Endnotes:
[1] Memorandum, p. 1.[2] In Office of the Court Administrator v. Saddi, A.M. No. P-10-2818 (Formerly A.M. No. 10-4-54-MTC), 15 November 2010, 634 SCRA 525, 532, the Court stated:
x x x SC Administrative Circular No. 3-2000 provides for the duty of the clerk of court to receive JDF collections in their respective courts, issue the proper receipt therefor and maintain a separate cash book properly marked as "CASH BOOK FOR JUDICIARY DEVELOPMENT FUND." The clerk of court shall deposit such collections every day and render the proper Monthly Report of Collections and Deposits for said Fund within 10 days after the end of every month.
Collection shall be deposited in the designated depositary bank, the Land Bank of the Philippines (LBP) or its branches. In the absence of an LBP branch, Postal Money Orders payable to the Chief Accountant, OCA, shall be purchased from the local post office and sent to the latter for deposit to the JDF Savings Account. The daily collections for the Fund shall be deposited every day with the nearest LBP branch for the account of the JDF or, if depositing daily is not possible, deposits for the Fund shall be made at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same shall be deposited immediately even before the period indicated. These procedural guidelines apply in like manner to the General Fund received by clerks of court.
Meanwhile, SC Circular No. 50-95 provides that all collections from bailbonds, rental deposits and other fiduciary collections shall be deposited with the LBP by the clerk of court concerned within 24 hours from receipt. In localities where there are no branches of LBP, fiduciary collections shall be deposited by the clerk of court with the provincial, city or municipal treasurer. x x x (Underscoring in the original)
[3] Memorandum, p. 2.
[4] Id. at 3-4.
[5] Office of the Court Administrator v. Caballero, A.M. No. P-05-2064 (Formerly A.M. OCA IPI No. 05-7-449-RTC), 2 March 2010, 614 SCRA 21; Report on the Financial Audit Conducted on the Books of Accounts of the Municipal Circuit Trial Court, Mondragon-San Roque, Northern Samar, A.M. No. P-09-2721 (Formerly A.M. No. 09-9-162-MCTC), 16 February 2010, 612 SCRA 509.
[6] See Re: Audit Conducted on the Books of Accounts of Former Clerk of Court Mr. Wenceslao P. Tinoy, MCTC, Talakag, Bukidnon, A.M. No. 02-5-111-MCTC, 7 August 2002, 386 SCRA 459, 462-463; Office of the Court Administrator v. Cuachon, A.M. No. P-06-2179 (Formerly A.M. No. 06-5-169- MCTC), 12 January 2011, 639 SCRA 278, 284.
[7] Office of the Court Administrator v. Cuachon, A.M. No. P-06-2179 (Formerly A.M. No. 06-5-169-MCTC), 12 January 2011, 639 SCRA 278, 284.
[8] Re: Financial Audit on the Accountabilities of Mr. Restituto A. Tabucon, Jr., Former Clerk of Court II of the Municipal Circuit Trial Court, Ilog, Candoni, Negros Occidental, A.M. No. 04-8-195-MCTC, 18 August 2005, 467 SCRA 246; Office of the Court Administrator v. Cuachon, A.M. No. P-06-2179 (Formerly A.M. No. 06-5-169-MCTC), 12 January 2011, 639 SCRA 278, 284; Office of the Court Administrator v. Caballero, A.M. No. P-05-2064 (Formerly A.M. OCA IPI No. 05-7-449-RTC), 2 March 2010, 614 SCRA 21.
[9] Velasco v. Tablizo, A.M. No. P-05-1999, 22 February 2008, 546 SCRA 403, 412; Report on the Financial Audit Conducted on the Books of Accounts of the Municipal Circuit Trial Court, Mondragon-San Roque, Northern Samar, A.M. No. P-09-2721 (Formerly A.M. No. 09-9-162-MCTC), 16 February 2010, 612 SCRA 509.
[10] Office of the Court Administrator v. Banag, A.M. No. P-09-2638 (Formerly A.M. No. 09-4-68-MTC), 7 December 2010, 637 SCRA 18, 39. See Office of the Court Administrator v. Recio, A.M. No. P-04-1813, 31 May 2011, 649 SCRA 552, where the Court dismissed respondent Clerk of Court for gross neglect of duty for failing to properly remit the cash collections and misappropriating said funds.
[11] Re: Financial Audit on the Accountabilities of Mr. Restituto A. Tabucon, Jr., Former Clerk of Court II of the Municipal Circuit Trial Court, Ilog, Candoni, Negros Occidental, A.M. No. 04-8-195-MCTC, 18 August 2005, 467 SCRA 246.
