July 2007 - Philippine Supreme Court Resolutions
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[A.M. No. P-06-2276 (Formerly OCA IPI No. 03-1603-P) : July 04, 2007] BEATRIZ F. VILAR V. MARISSA ANGELES, CLERK OF COURT, MUNICIPAL TRIAL COURT, PANTABANGAN, NUEVA ECIJA :
[A.M. No. P-06-2276 (Formerly OCA IPI No. 03-1603-P) : July 04, 2007]
BEATRIZ F. VILAR V. MARISSA ANGELES, CLERK OF COURT, MUNICIPAL TRIAL COURT, PANTABANGAN, NUEVA ECIJA
Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of this Court dated 04 July 2007:
A.M. No. P-06-2276 (Formerly OCA IPI No. 03-1603-P) - Beatriz F. Vilar v. Marissa Angeles, Clerk of Court, Municipal Trial Court, Pantabangan, Nueva Ecija
Before us is a Motion for Reconsideration with Manifestation dated March 21, 2007 of our Resolution of February 5, 2007 finding Marissa Angeles, Clerk of Court, Municipal Trial Court, Pantabangan, Nueva Ecija, guilty of dishonesty and conduct unbecoming a clerk of court and imposing a suspension of one year without pay with stern warning that a repetition of the same or similar acts shall be dealt with more severely. Respondent was likewise ordered to pay complainant the amount of P75,000.00 within 15 days from receipt of the Resolution.
In her Motion, Angeles argues: She had been depositing the court funds in the nearest Land Bank of the Philippines located; in Cabanatuan City since 2002 which is an hour and a half bus ride from Pantabangan, Nueva Ecija. Her transportation fare of P146.00 is not being reimbursed. With her suspension, she would not be able to pay complainant immediately as she is the sole breadwinner of the family with two children, one of whom requires continuous medication for heart ailment. Out of the P120,000.00, she had already paid a total of P69,000.00 to complainant. Only P51,000.00 remained unpaid as she still made payments to complainant after submitting her Affidavit with Motion for Reconsideration on October 25, 2005.
She prays that the P75,000.00 to be paid to complainant be reduced to P51,000.00 and that she be given an extension within which to pay said amount.
After a careful review of the records, we find no merit in the Motion of Angeles. The last payment made by Angeles dated September 22, 2005 was already considered by the investigating judge in the computation of the total amount paid. Records show that aside from the admission of complainant that she was already paid the amount of P36,000.00 and the receipt of the last payment of respondent to complainant's son-in-law in the amount of P15,000.00 on September 22, 2005,[1] no more proof of payment was presented by Angeles to bolster her claim that the remaining balance of her obligation to complainant should be reduced to P51,000.00.
Anent the reimbursement of the transportation fare incurred in depositing court funds, the same is referred to the Office of the Court Administrator (OCA) for appropriate action.
Absent any proof to the contrary, the Motion of Angeles must be denied for lack of merit.
ACCORDINGLY, the Court RESOLVES to DENY the Motion for Reconsideration of Marissa Angeles for lack of merit. Moreover, the reimbursement of the transportation fare incurred in depositing court funds is REFERRED to the OCA for appropriate action.
SO ORDERED.
(Justice Ma. Alicia Austria-Martinez, ponente, with Justices Consuelo Ynares-Santiago, Chairperson, Minita V. Chico-Nazario, Conchita Carpio Morales and Adolfo S, Azcuna, designated as additional members)
A.M. No. P-06-2276 (Formerly OCA IPI No. 03-1603-P) - Beatriz F. Vilar v. Marissa Angeles, Clerk of Court, Municipal Trial Court, Pantabangan, Nueva Ecija
RESOLUTION
Before us is a Motion for Reconsideration with Manifestation dated March 21, 2007 of our Resolution of February 5, 2007 finding Marissa Angeles, Clerk of Court, Municipal Trial Court, Pantabangan, Nueva Ecija, guilty of dishonesty and conduct unbecoming a clerk of court and imposing a suspension of one year without pay with stern warning that a repetition of the same or similar acts shall be dealt with more severely. Respondent was likewise ordered to pay complainant the amount of P75,000.00 within 15 days from receipt of the Resolution.
In her Motion, Angeles argues: She had been depositing the court funds in the nearest Land Bank of the Philippines located; in Cabanatuan City since 2002 which is an hour and a half bus ride from Pantabangan, Nueva Ecija. Her transportation fare of P146.00 is not being reimbursed. With her suspension, she would not be able to pay complainant immediately as she is the sole breadwinner of the family with two children, one of whom requires continuous medication for heart ailment. Out of the P120,000.00, she had already paid a total of P69,000.00 to complainant. Only P51,000.00 remained unpaid as she still made payments to complainant after submitting her Affidavit with Motion for Reconsideration on October 25, 2005.
She prays that the P75,000.00 to be paid to complainant be reduced to P51,000.00 and that she be given an extension within which to pay said amount.
After a careful review of the records, we find no merit in the Motion of Angeles. The last payment made by Angeles dated September 22, 2005 was already considered by the investigating judge in the computation of the total amount paid. Records show that aside from the admission of complainant that she was already paid the amount of P36,000.00 and the receipt of the last payment of respondent to complainant's son-in-law in the amount of P15,000.00 on September 22, 2005,[1] no more proof of payment was presented by Angeles to bolster her claim that the remaining balance of her obligation to complainant should be reduced to P51,000.00.
Anent the reimbursement of the transportation fare incurred in depositing court funds, the same is referred to the Office of the Court Administrator (OCA) for appropriate action.
Absent any proof to the contrary, the Motion of Angeles must be denied for lack of merit.
ACCORDINGLY, the Court RESOLVES to DENY the Motion for Reconsideration of Marissa Angeles for lack of merit. Moreover, the reimbursement of the transportation fare incurred in depositing court funds is REFERRED to the OCA for appropriate action.
SO ORDERED.
(Justice Ma. Alicia Austria-Martinez, ponente, with Justices Consuelo Ynares-Santiago, Chairperson, Minita V. Chico-Nazario, Conchita Carpio Morales and Adolfo S, Azcuna, designated as additional members)
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] Rollo. p. 89.
