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A.M. No. OCA IPI 05-2286-P.
OLITO L. BASA vs. MERCEDES C. CATAP, INTERPRETER, MUNICIPAL CIRCUIT TRIAL COURT [MCTC], MABALACAT-MAGALANG, PAMPANGA
First Division
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the
First Division of this Court dated
A.M. No. OCA IPI 05-2286-P (Olito L. Basa vs. Mercedes C. Catap, Interpreter, Municipal Circuit Trial Court [MCTC], Mabalacat-Magalang, Pampanga )
Considering the Report of the Office of the Court Administrator, to wit:
On
In relation with her application, a letter dated
Hence, in an Affidavit-complaint dated
In support of his allegations, he attached the following, to wit:
1.� Letter dated
2.� Xerox copy of the logbook of the Property Division, OCA, Supreme Court showing that the subject letter was mailed and addressed to the OIC, same court.
3.� Machine copy of the record mails of the Post Office of Mabalacat, Pampanga, that the said letter was received by the MCTC as shown by Registry Number 576.
4.� Certification of Ruth V. Magtuloy, Clerk II, MCTC, Magalang-Mabalacat, Pampanga, stating that she received all mailings intended for the Court as evidenced by her signature on the record of the Postmaster.
5.� Marriage Contract of Mr. Olito and Teresita Basa dated
Per First Indorsement dated
In her Counter-Affidavit dated
Respondent Catap further states that
according to the Certification of Clerk Magtuloy, all the mails she received on
Respondent reiterate [sic] that the complaint of Mr. Basa is only intended to bar her application for the said position of Clerk of Court as she first refused to issue a no property liability to Ms. Basa upon the request of herein complainant. She also mentioned that Ms. Magtuloy is likewise an applicant for the position.
Finally, respondent contends that she has not caused any injury to the life of Mr. Basa because the money intended for his wife from the Supreme Court was already received by them.
EVALUATION: Based on records, a financial audit was conducted on
6-10 October 2003 headed by Ms. Asuncion Bitancor,
Fiscal Management Division (FMD), CMO-OCA. As a result thereof, Ms. Basa during her term as Clerk of Court, incurred shortages
in the Judiciary Development Fund and General Fund amounting to Php 171,428.46 and Php 49,918.00,
respectively. As such, her
clearance was still pending with the FMD as of
It was Mr. Basa, acting in behalf of his wife, who requested that the said shortages be deducted from the money value of her earned leave credits as well as from other benefits that she may be entitled as a retiree from the judiciary. Hence, in a Memorandum to Atty. Caridad Pabello and Mrs. Antonina A. Soria, then Officer-in-Charge of Office of the Administrative Services and Financial Management Office-OCA, respectively, Deputy Court Administrator Jose P. Perez, directed the concerned offices to compute the balance of the earned leave credits of Ms. Basa and forward the same to the Fiscal Management Office in order to compute the money equivalent of her leave so that the same can be applied to the computed shortages.
Per Court's Third Division resolution of
Gleaned from the foregoing, the delay in the release of the retirement benefits of Ms. Basa was not due to the delay of the transfer of the property accountabilities of Ms. Basa. And even assuming that it was so, the only basis of complainant Basa in alleging that respondent caused the belated transfer is the allegation of Ms. Magturo (sic) that all mailings intended for the Court were received and that "they were all turned over to the addressees concerned." Ms. Catap was the Officer-in-Charge at that time and Mr. Basa "assumed" that she took the letter intended for his wife with manifest bad faith and malice.
The assumption is belied by the records. What is clearly shown is that it was Clerk Ruth Magturo (sic) who received the subject-letter of Mr. Tribiana. Nowhere can it be found that Ms. Magturo (sic) handed the said letter to respondent Catap. There was no iota of evidence that will show that Magturo (sic) actually handed the said letter to respondent Catap. Indeed respondent Catap had no reason to delay the inventory of the property accountabilities of Ms. Basa as she was interested in applying for the position of Ms. Basa having been designated by the Presiding Judge as the Officer-in-Charge.
As to the alleged material injury caused to her wife and family caused by the delay in grant of her retirement/disability benefits, the antecedent facts will show that it was their failure to reimburse the shortages incurred by Ms. Basa that prevented the timely release of the same.
IN VIEW OF THE FOREGOING, it is respectfully recommended that the instant administrative complaint of Mr. Olito L. Basa against Mercedes C. Catap, Interpreter, Municipal Circuit Trial Court, Mabalacat-Magalang, Pampanga with "Conduct Unbecoming of a Court Employee" be DISMISSED for lack of merit.
and finding the evaluation and recommendation therein to be in accord with law and the facts of the case, the Court approves and adopts the same.
ACCORDINGLY, the administrative complaint against Mercedes C. Catap is DISMISSED.
SO ORDERED.
Very truly yours,
(Sgd.)
ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
First Division
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