Case Digest (A.M. No. P-95-1163)
Facts:
Danilo M. Sy v. Isabelita M. Cruz, A.M. No. P-95-1163, December 06, 1995, the Supreme Court Second Division, Regalado, J., writing for the Court.Complainant Danilo M. Sy, a Local Revenue Officer II of Marikina, filed a letter-complaint (dated August 26, 1994) with the Court Administrator charging respondent Isabelita M. Cruz, Branch Clerk of Court, Metropolitan Trial Court, Branch 76, Marikina, with misconduct in violation of civil service laws, specifically Section 23(A), Rule XIV of the Civil Service Law.
The dispute arose from a private compromise between Sy and his brother Alfredo (resident in the United States) whereby Alfredo agreed to accept the return of P350,000 owed by Danilo in monthly P10,000 installments. The parties entrusted respondent Cruz, as a neutral party, to receive and deposit those monthly payments. From August 1993 to February 1994 Danilo deposited P10,000 monthly with respondent (total P70,000), for which respondent issued receipts. Subsequently Alfredo appointed one Lani Ayuson as the new depositary; Danilo repeatedly requested respondent to turn over the funds to Ayuson but received no timely compliance.
After repeated informal and written demands (including a written demand dated April 22, 1994 and follow-ups in June), respondent replied (May 2, 1994) that she was awaiting release of her PAG-IBIG loan. When demands remained unanswered, Danilo filed an estafa complaint against respondent with the Office of the Provincial Prosecutor of Rizal on August 30, 1994 and pursued the administrative complaint before the Court Administrator. Respondent eventually turned the funds over to Ayuson on October 18, 1994 in the presence of Rizal Provincial Prosecutor Amerhassan C. Paudac, after the criminal charge had been filed.
In her Comment, respondent defended that she had awaited personal delivery by Ayuson before turning the money over, and she also attacked complainant’s character and asked that her Comment be treated as an administrative complaint against him before the Mayor of Marikina and the Office of the Ombudsman. The Office of the Court Administrator investigated and recommended a sanction (the report analyzed respondent’s a...(Pro-only)
Issues:
- Did respondent Isabelita M. Cruz commit misconduct and unethical behavior violative of civil service law and the Code of Conduct for public officials by mishandling funds entrusted to her?
- If so, what administrative sanction is appropriate for r...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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