A.M. No. P-03-1739 - Office of the Court Administrator vs. Nacuray

The case originated from a financial audit conducted on April 22, 2003, in the Office of the Clerk of Court, Regional Trial Court (RTC), Manila.
The audit was initiated following a report from the Clerk of Court, Atty. Jennifer H. dela Cruz-Buendia, regarding tampering of entries in the duplicate copies of the Court's official receipts by one of the clerks.
The anomaly was uncovered when a representative from Summit Guarranty and Insurance Co. requested certification for an official receipt, revealing discrepancies between the original and duplicate copies.

The audit team focused on collections from July 1999 to April 2003, during which the respondent, Normalyn P. Nacuray, served as cashier.
Significant tampering was identified primarily between November 2002 and April 2003, with some instances dating back to 1999 and 2001.
Nacuray admitted to understating the amounts in the duplicate copies of the official receipts, while the original receipts reflected the correct amounts.

The audit revealed substantial discrepancies in the Judiciary Development Fund, General Fund, and Legal Research Fund, totaling a shortage of P777,773.86.
Specific amounts per month and year were detailed, showing significant differences between reported amounts and actual collections.

Atty. Buendia informed the Office of the Court Administrator (OCA) about the filing of a criminal case against Nacuray for malversation of public funds and falsification of public documents.
The Court issued a resolution on August 18, 2003, directing Nacuray to explain the shortages and to restitute the amount within thirty days, while also suspending her from service.

Nacuray failed to comply with the Court's directive, leading to a resolution on July 26, 2004, imposing a fine and requiring her to explain the shortages and make restitution.
Notices sent to her address were returned unserved, indicating her evasion of the Court's orders.

The OCA found Nacuray guilty of dishonesty and gross misconduct for falsifying official receipts and misappropriating public funds.
Recommended sanctions included dismissal from service, forfeiture of benefits, restitution of the misappropriated amount, and filing of criminal charges against her.

The Court emphasized the importance of moral integrity in judicial positions, stating that public servants must prioritize public interest over personal needs.
Nacuray's admission of wrongdoing and her failure to respond to the Court's directive...continue reading