Case Summary (A.M. No. 02-1-66-RTC)
Overview of Allegations
The administrative matter originated from a financial audit prompted by Judge Tan's request concerning the collections management by Atty. Marron. The audit report revealed multiple financial discrepancies, notably a failure to remit collected funds from various judicial accounts, leading to administrative actions against Atty. Marron.
Detailed Findings of the Audit
Atty. Marron's financial records showed shortages in remittances to the Sheriff General Fund (SGF) totaling PHP 192.00 and to the Judiciary Development Fund (JDF) amounting to PHP 5,387.55. Moreover, Atty. Marron withdrew PHP 626,747 from fiduciary fund collections during a period when he was absent without leave.
Responses and Administrative Actions
Following the audit, the Supreme Court issued directives requiring Atty. Marron to make restitution for the identified shortages and submit comprehensive documentation accounting for his actions. The Court, recognizing Marron's noncompliance and lack of rebuttal to the complaints, deemed this behavior unworthy of his position and detrimental to public trust in the judiciary.
Legal Framework and Responsibilities
As the clerk of court, Atty. Marron was expected to uphold stringent fiduciary responsibilities pertaining to judicial funds. The Supreme Court emphasized that clerks are to be acutely aware of deposit protocols, and deviations from established financial regulations amount to severe misconduct.
Consequences of Noncompliance
Atty. Marron’s failure to respond to the administrative complaint and his withdrawal actions resulted in findings of gross dishonesty and misconduct. The Supreme Court recommended his dismissal from service with forfeiture of benefits and barred him f
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Background of the Case
- This administrative matter originated from a financial audit report dated November 14, 2001, conducted by the Court Management Office, Office of the Court Administrator (CMO-OCA).
- The audit was prompted by a request from Executive Judge Senecio O. Tan of the Regional Trial Court (RTC), Branch 34, Balaoan, La Union, regarding the collection deposits of his former clerk of court, Atty. Jovito M. Marron.
- Atty. Marron began his duties as the clerk of court on March 1, 1991, concurrently serving as cashier and disbursement officer responsible for collecting all legal fees.
Responsibilities and Financial Transactions
- As clerk of court, Atty. Marron was tasked with collecting various legal fees, which included but were not limited to:
- Clerk of Court General Fund (CCGF)
- Clerk of Court Fiduciary Fund (CCFF)
- Sheriff General Fund (SGF)
- Judiciary Development Fund (JDF)
- Victims Compensation Fund (VCF)
- Legal Research Fund (LRF)
- Land Registration Commission Fund (LRCF)
- In August 1999, Atty. Marron went on official leave and subsequently did not return, leading to an administrative complaint against him.
- On June 28, 2000, the Court resolved to dismiss Atty. Marron due to his continued absence; however, this resolution was held in abeyance due to the intervention of the OCA.
Audit Findings
- A financial audit covering the period from May 26, 1990, to August 31, 2001, revealed significant shortages in Atty. Marron's remittances for two funds:
- Sheriff General Fund (SGF)
- Total Collections: P2,402.00
- Total Remittances: P2,210.00
- Shortage: P192.00
- Judiciary Development Fund (JDF)
- Total Collections: P19
- Sheriff General Fund (SGF)