Case Digest (A.M. No. P-05-2064)
Facts:
- Clerk of Court Jocelyn G. Caballero of the Regional Trial Court (RTC) of Kidapawan City, North Cotabato is involved in this case.
- The case originated from a financial audit conducted by the Audit Team of the Court Management Office on Caballero's accountability period from April 1983 to April 2004.
- The preliminary cash count revealed a cash shortage of P19,875.20, which Caballero claimed was due to the encashment of her personal checks.
- A more detailed audit uncovered several irregularities, including the issuance of acknowledgment receipts instead of official receipts, failure to remit confiscated bonds, and unwithdrawn interest.
- Caballero was given the opportunity to comment on the findings but failed to provide any proof of remittances or liquidation.
Issue:
- (Unlock)
Ruling:
- The Court found Caballero guilty of gross neglect of duty and dishonesty.
- Caballero was ordered dismissed from service with forfeiture of all retirement benefits and with prejudice to re-employment in the government.
- The Court also directed...(Unlock)
Ratio:
- The Court emphasized the importance of upholding propriety, decorum, and integrity in the dispensation of justice, including for clerks of court.
- Caballero's actions, such as encashing personal checks from court collections and issuing acknowledgment receipts instead of official receipts, violated circulars and regulations.
- Her failure to provide proof of remittances and liquidation further demonstrated her neglect of duty.
- The Court als...continue reading
Case Digest (A.M. No. P-05-2064)
Facts:
This case involves an administrative matter filed against Clerk of Court Jocelyn G. Caballero of the Regional Trial Court of Kidapawan City, North Cotabato. The case arose from a financial audit conducted by the Audit Team of the Court Management Office, which revealed several irregularities in Caballero's handling of court funds. The audit uncovered an initial cash shortage of P19,875.20, which Caballero attributed to the encashment of her personal checks. Further investigation revealed that Caballero issued acknowledgment receipts instead of official receipts for collections received as sheriff's expenses. The audit also discovered that confiscated bonds amounting to P66,000.00 were withdrawn from the Fiduciary Fund account but not remitted to the Judiciary Development Fund. Additionally, unwithdrawn interest on Fiduciary Fund deposits amounting to P211,349.64 remained unwithdrawn. Caballero was required to comment on the findings of the audit but failed to provide any proof of liquidation or remittance. She submitted an affidavit claiming that the money collected as sheriff's expenses was given to the implementing sheriffs concerned and that there was no need for liquidation. However, the sheriffs confirmed that they only receive...