Case Digest (A.M. No. 779-Ret)
Facts:
- Atty. Marcelo D. Mendiola, the former Clerk of Court of the Court of First Instance of San Fernando, Pampanga, applied for retirement.
- Atty. Mendiola stated that he is 63 years old and has more than 25 years of service in the government.
- Before his retirement could be processed, an audit was conducted on the cash receipts and books of accounts of Atty. Mendiola.
- The audit revealed a shortage of P21,216.00, consisting of unremitted General Funds collections and Fiduciary Funds not deposited to the Provincial Treasurer of Pampanga.
- Atty. Mendiola admitted the correctness of the shortage but claimed that the cashier, Juan Umangay, had custody and control of all the cash receipts and disbursements.
- Umangay had already been convicted by the Sandiganbayan for malversation of public funds.
Issue:
- (Unlock)
Ruling:
- Atty. Mendiola may be allowed to receive his retir...(Unlock)
Ratio:
- Atty. Mendiola did not personally handle the funds and Umangay was already convicted for the malversat...continue reading
Case Digest (A.M. No. 779-Ret)
Facts:
The case "In Re: Mendiola" involves the application for retirement of Atty. Marcelo D. Mendiola, the former Clerk of Court of the Court of First Instance of San Fernando, Pampanga. Atty. Mendiola applied for retirement under Republic Act No. 660, as amended by Republic Act No. 4968, and it was approved by the Court en banc. However, before the issuance of his clearance requirements and the payment of his terminal pay, an audit was conducted on the cash receipts and books of accounts of Atty. Mendiola. The audit revealed a shortage of P21,216.00, consisting of unremitted General Funds collections and Fiduciary Funds not deposited to the Provincial Treasurer of Pampanga. Atty. Mendiola admitted the correctness of the shortage but claimed that the Cashier, Juan Umangay, had custody and control of all the cash receipts and disbursements. ...