Title
Office of the Court Administrator vs. Nacuray
Case
A.M. No. P-03-1739
Decision Date
Apr 7, 2006
A Clerk of Court was dismissed for gross dishonesty and grave misconduct due to falsifying receipts and misappropriating public funds, with benefits forfeited and restitution ordered.
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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

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