Case Summary (A.M. No. P-21-4100)
Background of the Complaint
The complaint originated from a report made by Judge Aguana-Balmaceda on April 1, 2019, highlighting discrepancies in cash collections at the OCC. The court's cash collection process involved the daily collection of fees by a designated cashier, who would then turn over the collected funds to Peniero for deposit to the Landbank of the Philippines. A routine check revealed a deposit slip for P50,000 with no "deposited" stamp, implying a deviation from standard protocols.
Discovery of Irregularities
Upon investigation, Judge Aguana-Balmaceda found that the P50,000 deposit slip, associated with collections made on February 8, 2019, was not submitted according to procedures due to a personal loan facilitated by Peniero to Sermonia, who had requested funds amid a family emergency. Peniero admitted to lending P47,000 borrowed from court funds, which led to the failure to remit the cash on the due date.
Respondents’ Admissions
Both respondents acknowledged the borrowing from court funds in letters in which they cited emergencies as motivation for their actions. Peniero disclosed performing a similar transaction involving P54,751 without remitting said amounts to the bank, which she claimed was for her grandchild's hospitalization.
Administrative Complaint Proceedings
On June 3, 2019, the Office of the Court Administrator (OCA) recommended that the irregularities be treated as an administrative complaint against both Peniero and Sermonia for dishonesty and grave misconduct. Following the submission of their comments on the findings, both respondents conceded to the claims made against them but insisted there was no intent to defraud.
OCA's Findings and Recommendations
The OCA's report on December 3, 2020, reinforced the allegations of gross negligence and dishonesty, arguing that both Peniero and Sermonia failed to adhere to proper custodial and reporting duties regarding public funds. The continued misuse of court funds regardless of their repayment was underscored as negligent and indicative of serious dishonesty.
Court's Ruling and Legal Basis
The court agreed with the OCA's findings, emphasizing that Peniero, as the custodian of court funds, bore the primary responsibility for mismanagement and reported discrepancies. The court delineated gross neglect of duty and serious dishonesty, underscoring the implications of such actions in public service as incompatible with the standards of integrity expected from judicial employees.
Nature of Violations
Definitions surrounding dishonesty were established as involving concealment and distortion of facts relevant to public service, while gross misconduct involved transgressing established duties and creating risks for public funds. The court held that both respondents committed grave offenses as their actions constituted a willful disregard for the established rules governing the
...continue readingCase Syllabus (A.M. No. P-21-4100)
Case Overview
- This case concerns an administrative complaint against Marite E. Peniero and Salvacion D. Sermonia, employees of the Municipal Trial Court in Cities (MTCC), Iloilo City, for irregularities related to cash collections.
- Executive Judge Anne Beatrice G. Aguana-Balmaceda initiated the complaint following the discovery of discrepancies in cash handling procedures.
Antecedents
- The cash collection process involved cashiers turning over daily collections to Peniero, the Clerk of Court III, who was responsible for ensuring proper deposits were made with Landbank.
- A significant discrepancy arose when a deposit slip for P50,000.00 lacked the usual "deposited" stamp, indicating it had not been processed according to court protocol.
- The deposit slip was for a collection made on February 8, 2019, and should have been deposited by February 12, 2019, after a local holiday.
Initial Findings and Admissions
- Peniero explained in a memorandum that she lent P47,000.00 to Sermonia, who failed to return it in time for the deposit. This amount was later deposited directly by Sermonia over the counter at Landbank.
- Sermonia admitted to borrowing the money for a family emergency and subsequently deposited both the borrowed amount and an additional P3,000.00 on the same day.
- Peniero later confessed to borrowing P20,000.00 from court funds for a family emergency and did not remit a separate collection of P54,751.00 on time.
Administrative Proceedings
- Upon the recommendation of the Office of the Court Administrator