Case Summary (A.M. No. P-06-2272)
Background of the Case
A financial audit conducted in May 2006 by the Office of the Court Administrator revealed cash shortages totaling P9,594,971.30 attributed to unremitted collections and other irregularities under Atty. Corales' accountability as Clerk of Court. Following this discovery, administrative proceedings were initiated, leading to a resolution by the Court on March 14, 2017, which found Atty. Corales administratively liable for Gross Neglect of Duty. The imposed penalty included the forfeiture of all retirement benefits and obligations to restitute the original amount of the shortages.
Proceedings and Restitution
The Court mandated Atty. Corales to make restitution through the offsetting of his accrued leave benefits and the issuance of a Writ of Execution against his properties. This resulted in the public auction of Corales' only real estate, which was purchased by his son at a price insufficient to cover the total debtedness. Following this, the Court was prompted to seek further investigations to locate other possible sources to satisfy the restitution order.
Clemency Petition and Its Rationale
On June 2, 2021, Atty. Corales filed a clemency petition while emphasizing his belief that he acted in good faith, attributing the irregularities to the wrongful actions of his subordinate. He cited various hardships he had endured, including health issues and significant socio-environmental strains like natural calamities. However, the petition had to be evaluated against the guidelines for clemency which require proof of remorse and reformation.
Court's Evaluation of the Clemency Petition
The Court concluded that Atty. Corales' petition lacked prima facie merit as he did not acknowledge wrongdoing nor exhibit sincere remorse for the situation leading to the administrative findings against him. His continued assertion of innocence and blame-shifting failed to meet the clemency criteria established in prior jurisprudence, notably in the refiner framework set out in Re: Ong and supplemented by Re: Diaz.
Death of Atty. Corales
Compounding the situation, the Court received notice of Atty. Corales' death on September 10, 2021, from his son along with a Death Certificate. This raised questions regarding the enforcement of the restitution order against his estate, considering the established precedent that an individual's death typically leads to automatic dismissal of administrative proceedings against them.
Court's Ruling on the Restitution Order Post-Mortem
The Court resolved that despite Atty. Corales' death, the restitution order would remain enforceable since the administrative case against him was resolved prior to his demise. The Court clarified that the outstanding restitution did not constitut
...continue readingCase Syllabus (A.M. No. P-06-2272)
Introduction
- This case revolves around the petition for judicial clemency filed by Atty. Jose C. Corales, the former Clerk of Court VI of the RTC Batangas City, on May 24, 2021.
- Corales sought clemency for the purpose of claiming retirement benefits, monthly pension, and accrued leave credits after being found administratively liable for significant financial misconduct.
Background of the Case
- A financial audit by the Office of the Court Administrator (OCA) from April 1991 to April 2006 revealed cash shortages amounting to P9,594,971.30 under Corales' accountability.
- The audit uncovered unremitted collections, understated remittances, and illegal withdrawals.
- Following the revelations, both Corales and former Cash Clerk III, Virginia P. Magadia, were ordered to explain the cash shortages.
Administrative Liability
- Corales claimed he did not collect fees and believed all transactions were regular.
- He also filed an Affidavit-Complaint against Magadia for Malversation of Public Funds.
- A resolution dated March 14, 2017, found Corales administratively liable for Gross Neglect of Duty, resulting in a penalty of forfeiture of retirement benefits and restitution of cash shortages.
Restitution Order and Execution
- The Court ord