Case Digest (A.M. No. P-02-1534)
Facts:
The case involves Judge Oscar S. Aquino as the petitioner and Ricardo C. Olivares, the Clerk of Court of the Municipal Circuit Trial Court (MCTC) in Babak, Davao del Norte, as the respondent. The events leading to this case began with a letter-complaint dated November 4, 1999, submitted by Judge Aquino to former Court Administrator Alfredo L. Benipayo. In this letter, Judge Aquino reported that he had issued a Memorandum on October 19, 1999, directing Olivares to provide a written explanation under oath regarding a potential administrative charge for violating Supreme Court Circular No. 50-95 and/or for malversation through the falsification of a public document. The complaint stemmed from Olivares's failure to deposit a cash bond of P12,000.00, which had been posted by an accused in Criminal Case No. 1948, for a period of five months.
In his written explanation dated October 29, 1999, Olivares attributed the delay to oversight, citing his advanced age and forgetfulnes...
Case Digest (A.M. No. P-02-1534)
Facts:
Background of the Case
Judge Oscar S. Aquino filed a letter-complaint dated November 4, 1999, against Ricardo C. Olivares, Clerk of Court of the Municipal Circuit Trial Court (MCTC) of Babak, Davao del Norte. The complaint alleged that Olivares failed to deposit a cash bond of P12,000.00 within the required period, violating Supreme Court Circular No. 50-95 and potentially committing malversation through falsification of public documents.
Respondent's Explanation
In his written explanation dated October 29, 1999, Olivares admitted the delay in depositing the cash bond. He attributed the oversight to his advanced age and forgetfulness, stating that he discovered the cash bond in an envelope while preparing for his retirement. He immediately deposited the amount on July 26, 1999, and denied any misappropriation or falsification. Olivares emphasized his 30 years of unblemished service and pleaded for leniency to allow him to enjoy his retirement benefits.
Court Administrator's Evaluation
Court Administrator Presbitero J. Velasco, Jr. noted that Olivares did not deny the delay but denied misappropriating the funds. The cash bond was found intact in the vault, and there was no evidence of falsification. Velasco recommended re-docketing the case as a regular administrative matter and imposing a fine of P3,000.00, to be deducted from Olivares' retirement benefits.
Relevant Supreme Court Circulars
Supreme Court Circular No. 50-95 mandates that all collections from bail bonds, rental deposits, and other fiduciary collections must be deposited within 24 hours of receipt. Circulars Nos. 5 and 5-A further require immediate deposit of fiduciary funds with the appropriate treasurer and the use of a Deposit Acceptance Order form.
Issue:
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Ruling:
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Ratio:
Violation of Supreme Court Circulars
Olivares failed to comply with the mandatory requirement to deposit fiduciary funds within 24 hours of receipt, as stipulated in Supreme Court Circulars Nos. 50-95, 5, and 5-A. His delay of five months constituted a clear violation of these rules.No Malversation or Falsification
The charge of malversation through falsification of public documents was dismissed. Malversation requires proof that a public officer misappropriated public funds for personal use, which was not established in this case. The cash bond was found intact, and there was no evidence of falsification.Administrative Liability for Simple Neglect of Duty
As a Clerk of Court, Olivares was responsible for the proper handling and immediate deposit of court funds. His failure to do so constituted simple neglect of duty, a less grave offense under the Civil Service Law. Given his retirement, a fine was deemed appropriate instead of suspension.Public Accountability
The Court emphasized the importance of public accountability and the need for court officers to uphold the integrity of the justice system. Clerks of Court, as custodians of court funds, must exercise diligence and adhere strictly to procedural rules.