Case Digest (A.M. No. P-03-1739)
Facts:
- Normalyn P. Nacuray served as Clerk III in the Office of the Clerk of Court at the Regional Trial Court (RTC) in Manila.
- A financial audit was initiated on April 22, 2003, following a report from Atty. Jennifer H. dela Cruz-Buendia, the incumbent Clerk of Court.
- The audit revealed that Nacuray tampered with entries in the duplicate copies of the Court's official receipts.
- A discrepancy was noted when a representative from Summit Guarranty and Insurance Co. requested a certification for an official receipt dated April 15, 2003, showing a lesser amount of P20,000.00 instead of P40,000.00.
- The audit covered collections from July 1999 to April 2003, identifying most tampering between November 2002 and April 2003.
- Nacuray admitted to altering amounts in duplicate receipts while correctly reflecting them in original receipts.
- The audit uncovered a total shortage of P777,773.86 across various funds.
- A criminal case for Malversation of Public Funds through Falsification of Public Document was filed against her on April 30, 2003.
- The Court issued a resolution on August 18, 2003, requiring her to explain the shortages and to restitute the amount within thirty days.
- Nacuray was suspended but failed to comply with the Court's directives, leading to further sanctions.
Issue:
- (Unlock)
Ruling:
- The Court found Normalyn P. Nacuray guilty of gross dishonesty and grave misconduct.
- She was dismissed from service with prejudice to reemployment in any government agency.
- Nacuray was ordered to restitute the a...(Unlock)
Ratio:
- The Court highlighted the paramount importance of integrity within the judiciary, requiring those in judicial roles to maintain the highest standards of honesty.
- Nacuray's admission of falsifying official receipts and her noncompliance with Court di...continue reading
Case Digest (A.M. No. P-03-1739)
Facts:
The case at hand involves Normalyn P. Nacuray, a Clerk III in the Office of the Clerk of Court at the Regional Trial Court (RTC) in Manila. The events leading to this case began with a financial audit conducted on April 22, 2003, prompted by a report from the incumbent Clerk of Court, Atty. Jennifer H. dela Cruz-Buendia. The report indicated that Nacuray had tampered with entries in the duplicate copies of the Court's official receipts. The anomaly was uncovered when a representative from Summit Guarranty and Insurance Co. requested a certification for an official receipt dated April 15, 2003, which showed a discrepancy between the original receipt and the duplicate copy, with the latter reflecting a lesser amount of P20,000.00 instead of P40,000.00.
The audit team focused on collections made from July 1999 to April 2003, during which it was found that most tampering occurred between November 2002 and April 2003. Nacuray, who had been the cashier since October 4, 1999, admitted during an interrogation that she had altered the amounts in the duplicate copies of the official receipts, while correctly reflecting the amounts in the original receipts given to payors. The audit revealed significant discrepancies in the collections, totaling a shortage of P777,773.86 across various funds, including the Judiciary Development Fund, General Fund, and Legal Research Fund.
On April 30, 2003, a criminal case for Malversation ...