Title
Office of the Court Administrator vs. Caballero
Case
A.M. No. P-05-2064
Decision Date
Mar 2, 2010
Clerk of Court Jocelyn G. Caballero is found guilty of gross neglect of duty and dishonesty for encashing personal checks, issuing acknowledgment receipts instead of official receipts, and failing to remit confiscated bonds and unwithdrawn interest, resulting in a cash shortage and violation of circulars and regulations.
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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

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