Case Digest (A.M. No. P-11-3002)
Facts:
Office of the Court Administrator v. Estrella Nini, A.M. No. P-11-3002 (Formerly A.M. No. 11-9-96-MTCC), April 11, 2012, Supreme Court Third Division, Mendoza, J., writing for the Court.
The complainant is the Office of the Court Administrator (OCA) and the respondent is Ms. Estrella Y. Nini, Clerk of Court II, Municipal Trial Court in Cities (MTCC), Bogo City, Cebu. The matter arose from a financial audit ordered by the OCA under Travel Order No. 37-2011 dated February 17, 2011 to examine the MTCC’s books of account.
The MTCC’s books had last been audited in September 1995 upon the retirement of the former Clerk of Court; that audit noted an under-remittance of P367.80 to the Judiciary Development Fund (JDF), which was later restituted. A prior Regional Commission on Audit (RCOA) examination indicated that when Nini was appointed permanent Clerk of Court (February 6, 1996) she had disclosed apparent cash shortages of P125,050.20 for the Fiduciary Fund, an amount that was deposited the following day.
The OCA audit covered October 1, 1995 to March 31, 2011 and, on April 4, 2011, disclosed a P1,400 cash shortage and undeposited collections totalling P153,750 which were deposited immediately after the cash count. The audit found that official receipts issued by the Supreme Court were accounted for. It also reported an over-withdrawal of P30,000 from the Fiduciary Fund (cash bond in Crim. Case No. 8664) which Nini admitted she released to the bondsman on June 11, 2009 and which was returned only in installments and kept in her vault until deposited on April 12, 2011 after audit instruction.
The audit further found that Nini had withdrawn several forfeited bailbonds and accrued interest (P52,000 and P35,665 respectively between March 31, 2008 and September 30, 2010) and kept them in envelopes in her vault; these were deposited only after the audit team’s directive on April 13, 2011. Collections made between February 4 and March 23, 2011 were deposited on April 3–4, 2011, and the audit noted a pattern of late deposits dating to 1997. The audit also disclosed that Nini failed to collect the mandatory P1,000 Sheriffs Trust Fund (STF) fee for each civil case, a lapse she attributed to alleged lack of issuing guidelines.
Although court file copies and Official Cashbooks were found orderly and enabled verification, the audit detailed several overages/shortages across funds (JDF, SAJF, GF-New/Old, Mediation Fund) caused variously by erroneous remittances, undeposited collections, and mispostings; the audit summarized total accountability at P210,794 (with many items later deposited following the audit). The OCA recommended that Nini be suspended six months, fined P5,000, and sternly warned; it also recommended that Presiding Judge Dante R. Manreal be directed to designate an Acting Clerk to collect the STF, open an STF account in LBP, and strictly monitor financial transactions.
This adminis...(Pro-only)
Issues:
- Whether respondent Estrella Y. Nini is guilty of gross neglect of duty for the irregularities and delayed remittances in the MTCC’s funds.
- Whether the penalties recommended by the OCA (six-month suspension and a P5,000 fine) and the ancillary directives against Presiding Judge Dante R. Manreal are appropri...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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