Case Summary (A.M. No. P-07-2339)
Administrative Matter Overview
The administrative case concerns Atty. Jacinto B. Pe aflor, Clerk of Court VI at the Regional Trial Court in San Jose, Camarines Sur, who failed to submit the required Monthly Report of Collections, Deposits, and Withdrawals. The Office of the Court Administrator (OCA) initiated the matter after Atty. Pe aflor disregarded two notices sent to him, prompting the OCA to seek permission from the Court to withhold his salaries until compliance was achieved.
- Atty. Pe aflor failed to submit required monthly reports.
- Two notices were sent by the OCA, with no compliance from Atty. Pe aflor.
- The OCA requested to withhold his salaries, which the Court approved.
Failure to Comply with Directives
Despite multiple reminders and directives from the OCA, Atty. Pe aflor did not submit the necessary reports. His non-compliance led to a show-cause order issued by the Deputy Court Administrator, which he also failed to respond to. Atty. Pe aflor later claimed that a stroke he suffered in September 2004 hindered his ability to fulfill his duties.
- Atty. Pe aflor received multiple reminders and a show-cause order.
- He failed to respond to the show-cause order.
- He attributed his non-compliance to a stroke he suffered.
Audit and Subsequent Actions
An audit conducted by the OCA revealed discrepancies in Atty. Pe aflor's financial reporting. Following the audit, he was ordered to deposit the amounts identified by the audit team and was reminded to submit the overdue reports. Atty. Pe aflor eventually submitted the required reports, leading to the Court's decision to release his withheld salaries.
- An audit found discrepancies in Atty. Pe aflor's financial reporting.
- He complied with the audit's directive to deposit funds.
- The Court released his withheld salaries after he submitted the reports.
Respondent's Defense and Claims
In his defense, Atty. Pe aflor denied the allegations of neglect and claimed that he had submitted the required reports, albeit late. He argued that the withholding of his salaries was excessive, especially considering his recent stroke and the fact that he had been audited shortly before the non-compliance issues arose.
- Atty. Pe aflor denied allegations of neglect and claimed he submitted reports.
- He argued that salary withholding was excessive given his medical condition.
- He highlighted that he had been audited shortly before the issues arose.
Findings of the Office of Administrative Services
The OCA's investigation confirmed that Atty. Pe aflor had a history of late submissions and that some reports requested were from periods when he was not the accountable officer. The OCA noted that Atty. Pe aflor's submissions were often made in batches and were frequently delayed, which contributed to the administrative complaint against him.
- The OCA found a history of late submissions by Atty. Pe aflor.
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