EN BANC
[ A.M. No. P-17-3638 [Formerly A.M. No. 17-01-03-MCTC], March 13, 2018 ]OCA v. RUBY M. DALAWIS +
OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. RUBY M. DALAWIS, CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT OF MONKAYO-MONTEVISTA, COMPOSTELA VALLEY, RESPONDENT.
DECISION
OCA v. RUBY M. DALAWIS +
OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. RUBY M. DALAWIS, CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT OF MONKAYO-MONTEVISTA, COMPOSTELA VALLEY, RESPONDENT.
DECISION
PER CURIAM:
This is an administrative complaint against Ms. Ruby M. Dalawis (Dalawis), Clerk of Court (COC) II, Municipal Circuit Trial Court (MCTC) of Monkayo-Montevista, Compostela Valley, which stemmed from the financial audit on the books of accounts of the Monkayo-Montevista MCTC conducted by the Financial Audit Team (Audit Team) of the Fiscal Monitoring Division, Court Management Office of the Office of the Court Administrator (OCA).
The factual antecedents are as follows:
Pursuant to Travel Authority[1] and Travel Order No. 67-2016,[2] dated May 24, 2016 and June 1, 2016, respectively, the Audit Team conducted a financial audit in the MCTC of Monkayo-Montevista, Compostela Valley, covering the period of accountabilities of the following personnel:
The said financial audit was undertaken upon the directive of then Deputy Court Administrator (DCA) Thelma C. Bahia in view of the letter[4] dated May 24, 2016 of Ms. Marina Dela Cruz, a concerned citizen, regarding the alleged irregularities in the handling of court funds in the MCTC of Monkayo-Montevista. In addition, Dalawis herself had admitted in her letter[5] dated March 11, 2016 that she had appropriated her judiciary collections for her personal use.
Based on the documents presented for audit, the Audit Team came up with the following findings and observations:
During the exit conference held on June 17, 2016, the Audit Team discussed with Hon. Maria Sophia T. Palma Gil-Torrejos, Acting Presiding Judge of the MCTC of Monkayo-Montevista, and Dalawis the result of the financial audit.
The Audit Team explained to Dalawis that her computed shortages were the result of her failure to remit or deposit her judiciary collections from April 2015 to December 2015. Likewise, the Audit Team informed Dalawis that her unauthorized withdrawals from the FF savings account, notwithstanding the occasional deposits and restitutions she made, caused the balance of the FF savings account to fall below the minimum balance allowed by the bank; thus, the bank charges amounting to P2,600.00.
The Audit Team recommended to Judge Palma Gil-Torrejos that Dalawis be relieved of her duties as financial officer of the court to prevent further loss of the judiciary funds. Ms. Tresennia Veni M. Butaslac (Butaslac), Court Stenographer I, was then designated by Judge Palma Gil-Torrejos as the new financial officer of the court, in charge of the collections, deposits, and reporting of all financial transactions of the court effective June 17, 2016. Butaslac was advised by the Audit Team to open a new FF and STF savings account for her collections in order to separate the financial accountability of Dalawis.
In her handwritten letter to DCA Bahia, dated March 11, 2016, Dalawis wrote:
In another letter[8] dated July 12, 2016, Dalawis promised "to pay 100% interest for the whole amount to be restituted. x x x By July and August 2016, I can restitute P500,000.00 as I plead to give me considerable time to pay it in full."
However, despite the time given to Dalawis to restitute the shortages she incurred, she still failed to settle her financial accountabilities.
In view of the findings of the Audit Team, the OCA, in a Memorandum[9] issued on December 14, 2016, requested approval of the following recommendations:
The Court adopts the findings and recommendations of the OCA.
No less than the Constitution mandates that a public office is a public trust and that all public officers must be accountable to the people, and serve them with responsibility, integrity, loyalty and efficiency.[11] This constitutional mandate should always be in the minds of all public servants to guide them in their actions during their entire tenure in the government service.[12] As frontliners in the administration of justice, court personnel should live up to the strictest standards of honesty and integrity in the public service.[13]
Clerks of Court such a Dalawis have general administrative supervision over all the personnel of the court. They perform a delicate function as designated custodians of the court's funds, revenues, records, properties, and premises.[14] Their administrative functions are as vital to the prompt and proper administration of justice as their judicial duties.[15] As custodian of court funds and revenues, clerks of court are primarily accountable for all funds that are collected for the court, whether personally received by them, or by a duly appointed cashier who is under their supervision and control.[16]
Time and again, this Court has held that it will not countenance any conduct, act or omission on the part of those involved in the administration of justice which violates the norm of public accountability and diminishes the faith of the people in the Judiciary.[17] In this case, Dalawis' failure to remit and/or deposit her judiciary collections for the period covering April 2015 to December 2015, her unauthorized withdrawals from the court's FF savings account, and the fact that she appropriated for her personal use her judiciary collections amounting to P1,903,148.00 are evident manifestations of her inability to efficiently and conscientiously discharge her duties as the administrative officer of the court. Such actions constitute gross neglect of duty and grave misconduct in violation of OCA Circular No. 50-95[18] dated October 11, 1995, Amended Administrative Circular No. 35-2004[19] dated August 16, 2004, and OCA Circular No. 113-2004 20 dated September 16, 2004.
Gross Neglect of Duty and Grave Misconduct are classified as grave offenses under Section 50 (a) of Rule 10 of the 2017 Rules on Administrative Cases in the Civil Service. The penalty for each of these offenses is dismissal even for the first offense.
WHEREFORE, premises considered, Ms. Ruby M. Dalawis, Clerk of Court II, MCTC of Monkayo-Montevista, Compostela Valley, is found GUILTY of Gross Neglect of Duty and Grave Misconduct, and is hereby DISMISSED FROM THE SERVICE, with forfeiture of retirement benefits, perpetual disqualification from holding public office in any branch or instrumentality of the government, including government-owned or controlled corporations. Dalawis is ordered to restitute the total amount of P1,903,148.00 representing her shortages in the following: Fiduciary Fund – P1,574,600.00; Judiciary Development Fund – P70,008.40; Special Allowance for the Judiciary Fund – P204,039.60; Mediation Fund – P39,500.00; and General Fund New – P6,000.00.
The Office of the Court Administrator is hereby DIRECTED to file the appropriate criminal charges against respondent Dalawis.
This Decision is immediately EXECUTORY.
Carpio,** Velasco, Jr., Leonardo-De Castro, Peralta, Bersamin, Del Castillo, Perlas-Bernabe, Leonen, Jardeleza, Caguioa, Martires, Tijam, Reyes, Jr., and Gesmundo, JJ., concur.
Sereno, C.J., on leave.
NOTICE OF JUDGMENT
Sirs/Mesdames:
Please take notice that on March 13, 2018 a Decision/Resolution, copy attached herewith, was rendered by the Supreme Court in the above-entitled administrative matter, the original of which was received by this Office on April 11, 2018 at 3:20 p.m.
** Acting Chief Justice per Special Order No. 2539 dated February 28, 2018.
[1] Annex "A," rollo, p. 18.
[2] Annex "B," id at 20.
[3] Rollo, p. 4.
[4] Annex "E," id at 23.
[5] Annex "F," id at 24.
[6] Rollo, p. 10.
[7] Id at 33. (Emphasis ours)
[8] Id. at 70-72.
[9] Id. at 1-3.
[10] Id.
[11] Section 1, Article XI of the 1987 Constitution provides: "Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives."
[12] Licardo v. Licardo, 560 Phil. 454, 464 (2007).
[13] OCA v. Dequito, A.M. No. P-15-3386, November 15, 2016, 809 SCRA 1, 14.
[14] Re: Report on the Financial Audit Conducted at the Municipal Trial Court, Baliuag, Bulacan, 753 Phil. 31, 37 (2015).
[15] OCA v. Atty. Buencamino, 725 Phil. 110, 120 (2014).
[16] Id.
[17] OCA v. Dequito, supra note 13.
[18] "B. Guidelines in Making Withdrawals
[19] Guidelines in the Allocation of the Legal Fees Collected Under Rule 141 of the Rules of Court, as Amended, Between the Special Allowance for the Judiciary Fund and the Judiciary Development Fund which provides, among others, that the daily collection for the JDF and the SAJF shall be deposited everyday with the nearest branch of the Land Bank of the Philippines under Savings Account No. 0591-1116-34 and 0591-1744-28, respectively.
[20] Re: Submission of Month Reports of Collections and Deposits
The factual antecedents are as follows:
Pursuant to Travel Authority[1] and Travel Order No. 67-2016,[2] dated May 24, 2016 and June 1, 2016, respectively, the Audit Team conducted a financial audit in the MCTC of Monkayo-Montevista, Compostela Valley, covering the period of accountabilities of the following personnel:
Accountable Officer | Position | Accountability Period | Status of Employment |
Ms. Caridad G. Cuevas | Court Stenographer II | February 1, 2007 to February 29, 2008 | Incumbent Court Stenographer II |
| Ms. Ruby M. Dalawis | Clerk of Court II | March 1, 2008 to June 16, 2016 | Relieved as COC on June 17, 2016 |
Ms. Tresennia Veni M. Butaslac | Court Stenographer I | June 17, 2016 to present | Officer-in-Charge[3] |
The said financial audit was undertaken upon the directive of then Deputy Court Administrator (DCA) Thelma C. Bahia in view of the letter[4] dated May 24, 2016 of Ms. Marina Dela Cruz, a concerned citizen, regarding the alleged irregularities in the handling of court funds in the MCTC of Monkayo-Montevista. In addition, Dalawis herself had admitted in her letter[5] dated March 11, 2016 that she had appropriated her judiciary collections for her personal use.
Based on the documents presented for audit, the Audit Team came up with the following findings and observations:
1) | The Fiduciary Fund (FF) and Sheriff's Trust Fund (STF) had a cash shortage of P1,606,600.00, of which the total amount of P32,000.00 had been restituted, leaving a balance of P1,574,600.00; the Judiciary Development Fund (JDF) had a cash shortage of P79,008.40; the Special Allowance for the Judiciary Fund (SAJF) had a cash shortage of P204,039.60; the Mediation Fund (MF) had a cash shortage of P39,500.00; and the General Fund – New (GF New) had a cash shortage of P6,000.00. Of the total cash shortage amounting to P1,903,171.00, Dalawis was accountable for the amount of P1,903,148.00. |
2) | The computed shortages Dalawis incurred in the JDF, SAJF, MF, and GF-New primarily resulted from her undeposited collections covering the following periods: |
| Month/Year | JDF | SAJF | MF | GF-New |
| May-December 2013 | P9,500.00 | |||
| February 2014 | P500.00 | |||
| March-December 2014 | 16,500.00 | |||
| January 2015 | 1,500.00 | |||
| February 2015 | 1,000.00 | |||
| April 2015 | 28,178.40 | 1,000.00 | P2,500.00 | |
| May 2015 | P8,672.40 | 25,747.20 | 3,500.00 | 500.00 |
| June 2015 | 7,904.40 | 24,945.60 | 1,000.00 | 3,000.00 |
| July 2015 | 22,148.40 | 9,451.60 | 1,000.00 | |
| August 2015 | 10,992.00 | 36,358.00 | 1,000.00 | |
| September 2015 | 6,813.20 | 18,486.80 | ||
| October 2015 | 8,878.40 | 22,021.60 | ||
| November 2015 | 8,646.80 | 22,703.20 | 1,500.00 | |
| December 2015 | 4,952.80 | 15,647.20 | 500.00 | |
| April-May 2016 | 1,500.00 | |||
| TOTAL | P79,008.40 | P204,039.60 | P39,500.00 | P6,000.00[6] |
3) | On the other hand, the computed shortage incurred by Dalawis in the FF resulted from the accumulated unauthorized withdrawals covering the period April 2008 to December 2015. |
4) | Dalawis admitted that she could personally withdraw the same from the Land Bank of the Philippines, even though the savings account of the court needed the signature of the presiding judge. The Audit Team was unable to verify whether the withdrawal slips pertaining to the unauthorized withdrawals contained the signature of the Presiding Judge as Dalawis refused to turn-over the said slips to the Team for inspection. |
During the exit conference held on June 17, 2016, the Audit Team discussed with Hon. Maria Sophia T. Palma Gil-Torrejos, Acting Presiding Judge of the MCTC of Monkayo-Montevista, and Dalawis the result of the financial audit.
The Audit Team explained to Dalawis that her computed shortages were the result of her failure to remit or deposit her judiciary collections from April 2015 to December 2015. Likewise, the Audit Team informed Dalawis that her unauthorized withdrawals from the FF savings account, notwithstanding the occasional deposits and restitutions she made, caused the balance of the FF savings account to fall below the minimum balance allowed by the bank; thus, the bank charges amounting to P2,600.00.
The Audit Team recommended to Judge Palma Gil-Torrejos that Dalawis be relieved of her duties as financial officer of the court to prevent further loss of the judiciary funds. Ms. Tresennia Veni M. Butaslac (Butaslac), Court Stenographer I, was then designated by Judge Palma Gil-Torrejos as the new financial officer of the court, in charge of the collections, deposits, and reporting of all financial transactions of the court effective June 17, 2016. Butaslac was advised by the Audit Team to open a new FF and STF savings account for her collections in order to separate the financial accountability of Dalawis.
In her handwritten letter to DCA Bahia, dated March 11, 2016, Dalawis wrote:
"x x x Amidst the quest for survival, I was so confident enough that I can immediately recover financially and submit regularly my required financial reports, but to my great disgust, the Rural Banks of our province were tremendously affected by Typhoon Pablo in view of the fact that farmers were their (sic) major clients; therefore, they have to declare bank holidays/bankruptcy, which of course also affected me considering that I can no longer avail renewal of my loan to pay off my court collections. At about that time my financial reports were already delayed."[7].
In another letter[8] dated July 12, 2016, Dalawis promised "to pay 100% interest for the whole amount to be restituted. x x x By July and August 2016, I can restitute P500,000.00 as I plead to give me considerable time to pay it in full."
However, despite the time given to Dalawis to restitute the shortages she incurred, she still failed to settle her financial accountabilities.
In view of the findings of the Audit Team, the OCA, in a Memorandum[9] issued on December 14, 2016, requested approval of the following recommendations:
- This report be docketed as a regular administrative complaint against Ms. RUBY M. DALAWIS, Clerk of Court II, MCTC, Monkayo – Montevista, Compostela Valley, for gross neglect of duty and grave misconduct for non-remittance of her judiciary collections in violation of OCA Circular No. 50-95 dated 11 October 1995, Amended Administrative Circular No. 35-2004 dated 16 August 2004 and OCA Circular No. 113-2004 dated 16 September 2004;
- Ms. RUBY M. DALAWIS be PREVENTIVELY SUSPENDED from office pending resolution of this administrative matter;
- Ms.RUBY M. DALAWIS be DIRECTED to EXPLAIN her non remittance of judiciary collections in violation of OCA Circular No. 50-95 dated 11 October 1995, Amended Administrative Circular No. 35-2004 dated 16 August 2004 and OCA Circular No. 113-2004 dated 16 September 2004;
- Ms. RUBY M. DALAWIS be DIRECTED to RESTITUTE the following shortages: x x x
- Ms. TRESENNIA VENI M. BUTASLAC, Court Stenographer I/Officer-in-Charge, MCTC, Monkayo-Montevista, Compostela Valley, be DIRECTED to:
- STRICTLY ADHERE TO the procedural guidelines in the handling of the Sheriff's Trust Fund;
- UPDATE regularly the recording of financial transactions for each fund in the official cashbooks and CERTIFY at the end of every month the correctness of the entries therein; and
- STERNLY ADHERE TO and FOLLOW the issuances of the Court on the proper handling and reporting of judiciary funds, particularly the prescribed period within which to remit court collections as well as the proper collection and allocation of filing fees; and
- STRICTLY ADHERE TO the procedural guidelines in the handling of the Sheriff's Trust Fund;
- Hon. MARIA SOPHIA T. PALMA GIL-TORREJOS, Acting Presiding Judge, MCTC, Monkayo-Montevista, Compostela Valley, be DIRECTED to:
- ENSURE that the Clerk of Court/Officer-in-Charge religiously complies with the directives/circulars issued by the Court, particularly on the proper handling of judiciary funds;
- CLOSELY MONITOR the financial transactions of the court to ensure strict observance of the issuances of the Court in order to avoid any irregularity in the collections, deposits and withdrawals/disbursements of court funds, otherwise, she may be held equally liable for the infractions committed by the employees under [her] supervision; and
- INFORM the Presiding Judge who will be permanently appointed in the subject court of the same DIRECTIVES to her to avoid the malversation of public funds.
- ENSURE that the Clerk of Court/Officer-in-Charge religiously complies with the directives/circulars issued by the Court, particularly on the proper handling of judiciary funds;
- a HOLD DEPARTURE ORDER be issued against Ms. RUBY M. DALAWIS to prevent her from leaving the country.[10]
The Court adopts the findings and recommendations of the OCA.
No less than the Constitution mandates that a public office is a public trust and that all public officers must be accountable to the people, and serve them with responsibility, integrity, loyalty and efficiency.[11] This constitutional mandate should always be in the minds of all public servants to guide them in their actions during their entire tenure in the government service.[12] As frontliners in the administration of justice, court personnel should live up to the strictest standards of honesty and integrity in the public service.[13]
Clerks of Court such a Dalawis have general administrative supervision over all the personnel of the court. They perform a delicate function as designated custodians of the court's funds, revenues, records, properties, and premises.[14] Their administrative functions are as vital to the prompt and proper administration of justice as their judicial duties.[15] As custodian of court funds and revenues, clerks of court are primarily accountable for all funds that are collected for the court, whether personally received by them, or by a duly appointed cashier who is under their supervision and control.[16]
Time and again, this Court has held that it will not countenance any conduct, act or omission on the part of those involved in the administration of justice which violates the norm of public accountability and diminishes the faith of the people in the Judiciary.[17] In this case, Dalawis' failure to remit and/or deposit her judiciary collections for the period covering April 2015 to December 2015, her unauthorized withdrawals from the court's FF savings account, and the fact that she appropriated for her personal use her judiciary collections amounting to P1,903,148.00 are evident manifestations of her inability to efficiently and conscientiously discharge her duties as the administrative officer of the court. Such actions constitute gross neglect of duty and grave misconduct in violation of OCA Circular No. 50-95[18] dated October 11, 1995, Amended Administrative Circular No. 35-2004[19] dated August 16, 2004, and OCA Circular No. 113-2004 20 dated September 16, 2004.
Gross Neglect of Duty and Grave Misconduct are classified as grave offenses under Section 50 (a) of Rule 10 of the 2017 Rules on Administrative Cases in the Civil Service. The penalty for each of these offenses is dismissal even for the first offense.
WHEREFORE, premises considered, Ms. Ruby M. Dalawis, Clerk of Court II, MCTC of Monkayo-Montevista, Compostela Valley, is found GUILTY of Gross Neglect of Duty and Grave Misconduct, and is hereby DISMISSED FROM THE SERVICE, with forfeiture of retirement benefits, perpetual disqualification from holding public office in any branch or instrumentality of the government, including government-owned or controlled corporations. Dalawis is ordered to restitute the total amount of P1,903,148.00 representing her shortages in the following: Fiduciary Fund – P1,574,600.00; Judiciary Development Fund – P70,008.40; Special Allowance for the Judiciary Fund – P204,039.60; Mediation Fund – P39,500.00; and General Fund New – P6,000.00.
The Office of the Court Administrator is hereby DIRECTED to file the appropriate criminal charges against respondent Dalawis.
This Decision is immediately EXECUTORY.
Carpio,** Velasco, Jr., Leonardo-De Castro, Peralta, Bersamin, Del Castillo, Perlas-Bernabe, Leonen, Jardeleza, Caguioa, Martires, Tijam, Reyes, Jr., and Gesmundo, JJ., concur.
Sereno, C.J., on leave.
NOTICE OF JUDGMENT
Sirs/Mesdames:
Please take notice that on March 13, 2018 a Decision/Resolution, copy attached herewith, was rendered by the Supreme Court in the above-entitled administrative matter, the original of which was received by this Office on April 11, 2018 at 3:20 p.m.
Very truly yours,
(SGD.) EDGAR O. ARICHETA
Clerk of Court
(SGD.) EDGAR O. ARICHETA
Clerk of Court
** Acting Chief Justice per Special Order No. 2539 dated February 28, 2018.
[1] Annex "A," rollo, p. 18.
[2] Annex "B," id at 20.
[3] Rollo, p. 4.
[4] Annex "E," id at 23.
[5] Annex "F," id at 24.
[6] Rollo, p. 10.
[7] Id at 33. (Emphasis ours)
[8] Id. at 70-72.
[9] Id. at 1-3.
[10] Id.
[11] Section 1, Article XI of the 1987 Constitution provides: "Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives."
[12] Licardo v. Licardo, 560 Phil. 454, 464 (2007).
[13] OCA v. Dequito, A.M. No. P-15-3386, November 15, 2016, 809 SCRA 1, 14.
[14] Re: Report on the Financial Audit Conducted at the Municipal Trial Court, Baliuag, Bulacan, 753 Phil. 31, 37 (2015).
[15] OCA v. Atty. Buencamino, 725 Phil. 110, 120 (2014).
[16] Id.
[17] OCA v. Dequito, supra note 13.
[18] "B. Guidelines in Making Withdrawals
x x x
(4) All collections from bailbonds, rental deposits, and other fiduciary collections shall be deposited within twenty-four (24) hours by the Clerk of Court concerned, upon receipt thereof, with the Land Bank of the Philippines."
[19] Guidelines in the Allocation of the Legal Fees Collected Under Rule 141 of the Rules of Court, as Amended, Between the Special Allowance for the Judiciary Fund and the Judiciary Development Fund which provides, among others, that the daily collection for the JDF and the SAJF shall be deposited everyday with the nearest branch of the Land Bank of the Philippines under Savings Account No. 0591-1116-34 and 0591-1744-28, respectively.
[20] Re: Submission of Month Reports of Collections and Deposits