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[A.M. No. P-04-1924.� February 28, 2005]
PARTIAL AUDIT FINDINGS RTC-BAYOMBONG
Second Division
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 28 2005 .
A.M. No. P-04-1924 (Partial Audit Findings on the Books of Accounts of RTC-Bayombong, Nueva Vizcaya.)
RESOLUTION
This administrative matter stemmed from a financial audit report dated September 23, 2004 of the Court Management Office, Office of the Court Administrator (OCA), in response to the letter of Judge Gil L. Valdez, Executive Judge, Regional Trial Court (RTC), Bayombong, Nueva Vizcaya. Judge Valdez informed the Court, through the Court Administrator, that there are unaccounted funds in the Office of the Clerk of Court (OCC).
In their letter dated May 12, 2003, addressed to Chief Justice
Hilario G. Davide, Jr., Attys. Flaviano D. Balgos, Jr., Ruby Rosa R. Espino and
John D. Balaysa, former Clerks of Court of the RTC, confirm that there are
unaccounted funds in the OCC and attribute the mishandling of funds to Benilda
M. Maddela, Clerk IV, and Justafina Hope T. Laya, Clerk III. They allege that
in a Joint Affidavit dated September 26, 2000 Maddela and Laya admitted the use
of funds for their personal gain and promised to restitute the missing funds,
jointly and severally, within a reasonable time. Furthermore, during the
incumbency of Atty. Balaysa, Maddela and Laya executed a promissory note, dated
October 4, 1999, promising to restitute, jointly and severally, on or before November 15, 1999, the amount of P800,000.00, which may be increased or decreased
as the official audit may indicate.
However, Maddela and Laya, in their separate Affidavits dated November 20, 2003 and August 27, 2003, categorically disown the voluntariness of their execution of the Joint Affidavit dated September 26, 2000. They allege that they signed the joint affidavit under pressure, out of respect to their superiors and to make good their promise, but they have already paid their accountability even if they believe that they are not liable for such big amount.
The audit team that conducted an audit examination and
reconciliation of the books of accounts of the RTC reported that Attys. Balgos,
Espino and Balaysa incurred a shortage of P4,009,351.09, broken down as
follows:
Atty. Balgos���������� -���������� P��������� 241,030.94������� Judiciary
Development Fund (JDF)
���������������������������������������� ����������� 135,836.10������� Fiduciary Fund (FF)
Total��������������������������������� P��������� 376,867.04
Atty.
Espino���������� -���������� P��������� 124,115.07������� (JDF)
���������������������������������������� ����������� 716,678.74������� (FF)
Total��������������������������������� P��������� 840,793.81
Atty.
Balaysa�������� -���������� P��������� 722,515.18������� (JDF)
���������������������������������������������������� 27,091.30��������� Clerk of Court General Fund (CCGF)
���������������������������������������������������� �2,634.00���������� Sheriffs General Fund (SGF)
���������������������������������������� ������ 2,039,449.76��������� (FF)
Total��������������������������������� P����
2,791,690.24
Based on the foregoing, the audit team, in its Memorandum dated September 23, 2004, concludes:
Clerks of Court Atty. Balgos, Atty. Espino, and Atty. Balaysa clearly incurred the above shortages in their accounts during their incumbencies and accountable public officers, hence, the crime of malversation defined under Art. 217 of the Revised Penal Code, whether committed by dolo or by culpa, squarely applies. While the presumption may be disputed that the disappearance of public funds in the hands of accountable public officer is prima facie evidence of their conversion, it can not be disputed that it is through their reckless negligence that the funds have been missing. In their joint letter dated May 12, 2003 addressed to the Hon. Chief Justice Hilario G. Davide, Jr., they have attributed the mishandling of judiciary funds to Mrs. Benilda M. Maddela, Clerk IV, and Mrs. Justafina Hope T. Laya, Clerk III, who were assigned to receive judiciary collections by the said former Clerks of Court. It is on record that Mrs. Maddela and Mrs. Laya admitted the use of funds in an undetermined amount for their personal use. Therefore, they are considered principals by direct participation in the crime of malversation defined under Art. 217 of the Revised Penal Code, in relation to Art. 17 of the same Code. While it appears that there was no conspiracy, so that the act of one becomes the act of all, it is clear that both Mrs. Maddela and Mrs. Laya took active participation in the execution of the act of misappropriating judiciary collections entrusted to them.
Moreover, the audit then noted that there were no records/documents of JDF collections which were submitted by Atty. Balgos from July 1988 to August 1989, or a period of 14 months. Likewise, Atty. R. Espino has not submitted any record/documents of JDF collections from August 1993 to July 1994, or a period of 12 months. These circumstances fall within the purview of Art. 218 of the Revised Penal Code.
As to the administrative aspect of the case, the concerned Clerks of Court are no longer connected with the Judiciary. However, there are reports that Atty. Espino filed a certificate of candidacy but lost the bid in the May 2004 elections; Atty. Balaysa is with the Department of Justice while Atty. Balgos is an incumbent member of Sangguniang Panlalawigan of Nueva Vizcaya. On the other hand, Mrs. Maddela filed her retirement effective November 12, 2003, but her retirement benefits are being put on hold by Finance Division due to record discrepancy of her birth date while Mrs. Laya is still an incumbent Clerk of RTC Bayombong.
Based on the report of the audit team and upon the recommendation of the OCA, the Court, on December 13, 2004, resolved that:
a.)���� The report be DOCKETED as administrative matter against Mrs. Justafina T. Laya and Mrs. Benilda M. Maddela;
b.)���� Mrs. Justafina T. Laya, Clerk III of RTC, Bayombong, Nueva Vizcaya be SUSPENDED pending resolution of this administrative matter;
c.)���� The matter be REFERRED to the Legal Office for the filing of appropriate criminal charges against the following former accountable officers, Flaviano D. Balgos, Jr., Atty. Ruby Rosa R. Espino and Atty. John D. Balaysa, as well as Mrs. Benilda M. Maddela and Mrs. Justafina T. Laya;
d.)���� The clearance of Mrs. Benilda M. Maddela, retired Clerk IV, be WITHHELD during the pendency of this administrative matter.
There is no doubt that the funds of the Court were mishandled by the Clerks of Court. The audit report bared the amount which Attys. Balgos, Espino and Balaysa misappropriated during their respective tenure as Clerks of Court. However, the report failed to reveal the exact amount which Laya and Maddela should be held accountable for.
There is also no evidence whether Laya and Maddela were duly designated to handle court funds to make them duly accountable. There is only an allegation by the former Clerks of Court that Laya and Maddela were authorized collecting officers of the OCC. While Laya and Maddela admitted in their Joint Affidavit dated September 26, 2000, using the funds for their personal gain, the exact amount of which is yet to be determined by the audit team, they disown voluntariness of execution thereof and the amounts they were made accountable for in separate Affidavits dated August 27, 2003 and November 20, 2003.
In view of all the foregoing, let this administrative matter against Laya and Maddela be referred to Judge Jose B. Rosales [1] cralaw for investigation, report and recommendation within sixty (60) days from receipt of records hereof.
Very truly yours,
(Sgd.). LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw It was the executive judge who initiated the charge against the OCC.
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