Title
Cabato-Cortes vs. Agtarap
Case
A.M. No. P-01-1488
Decision Date
Feb 7, 2003
A court cashier failed to remit collected funds, tampered with records, and admitted financial constraints; found guilty of gross dishonesty and dismissed. Clerk of Court's case dismissed posthumously.
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Case Digest (A.M. No. P-01-1488)

Facts:

Background of the Case

  • The case involves an administrative complaint filed by Executive Judge Iluminada Cabato-Cortes of the Municipal Trial Court in Cities (MTCC), Baguio City, against former Cashier Robert Andrew Florendo and Clerk of Court Victoria M. Agtarap of the same court.
  • The complaint arose from the non-remittance of collected fees by Florendo during his tenure as Cashier I.

Non-Remittance of Funds

  • Florendo was responsible for remitting court collections to the City Treasurer. However, it was discovered that he failed to remit several collections, including:
    • Fiduciary Funds: P30,730.00 (October 4, 1999) and P31,135.83 (May 8, 2000).
    • Victims Compensation Fund: P17,600.00 (April 1999 to June 30, 2000).
    • City Funds: P63,694.00 (March to July 2000).
    • General Fund: P30,557.00 (January 10, 2000), which was falsely reported as remitted using an invalidated deposit slip.

Discovery and Confrontation

  • The non-remittances were discovered by the Court Monitoring Office (CMO) and Clerk of Court Atty. Agtarap.
  • Florendo admitted to tampering with records and failing to remit the funds on time. He claimed financial constraints as the reason for his actions.
  • Florendo eventually remitted the amounts after being confronted by Atty. Agtarap and the City Treasurer.

Respondent Agtarap’s Defense

  • Atty. Agtarap denied any involvement in the misappropriation, stating that she followed proper procedures to safeguard the funds, including daily turnover of collections to her for safekeeping and verification of deposit slips.

Death of Respondent Agtarap

  • Atty. Agtarap passed away on August 18, 2002, before the resolution of the case.

Issue:

  1. Whether respondent Robert Andrew Florendo is guilty of gross dishonesty and gross misconduct for failing to remit court collections on time and tampering with records.
  2. Whether respondent Victoria M. Agtarap, as Clerk of Court, is liable for the non-remittance of funds.
  3. What penalties, if any, should be imposed on the respondents.

Ruling:

  • Robert Andrew Florendo: Found guilty of gross dishonesty and gross misconduct. He was dismissed from service with prejudice to re-employment in any government agency. His retirement benefits were forfeited, except for earned leave credits. He was also fined P20,000.00.
  • Victoria M. Agtarap: The administrative complaint against her was dismissed due to her death.

Ratio:

  1. Gross Dishonesty and Misconduct:

    • Florendo’s repeated failure to remit court collections and his tampering with records constitute gross dishonesty and gross misconduct. These actions violated the trust reposed in him as a cashier and accountable officer.
    • His admissions, coupled with the evidence, established his liability beyond doubt.
  2. Duty to Remit Funds:

    • As a cashier, Florendo was obligated to remit fiduciary, victims compensation, and city funds within the prescribed periods. His failure to do so, even if eventually rectified, does not absolve him of liability.
  3. Penalty for Gross Dishonesty:

    • Under Section 23, Rule XIV of the Omnibus Rules, gross dishonesty and gross misconduct are grave offenses punishable by dismissal. Florendo’s repeated violations warranted the severest penalty.
  4. Dismissal of Complaint Against Agtarap:

    • The complaint against Atty. Agtarap was dismissed due to her death, as the Court no longer had jurisdiction over her.
  5. Importance of Integrity in the Judiciary:

    • The Court emphasized that the judiciary demands the highest degree of integrity and honesty from all its personnel. Florendo’s actions undermined public trust in the judiciary and justified his dismissal.

Conclusion:

The Court upheld the integrity of the judiciary by imposing severe penalties on Florendo for his gross dishonesty and misconduct. The dismissal of the complaint against Agtarap was procedural, given her passing. The ruling reinforces the principle that accountability and transparency are paramount in the administration of justice.


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