SECOND DIVISION
[A.M. No. P-19-3918. April 10, 2019.](Formerly A.M. No. 18-08-173-RTC)
FAILURE TO COMPLY WITH THE REGULAR SUBMISSION OF MONTHLY FINANCIAL REPORTS OF ATTY. RAY STEPHEN T. LOGRONIO, CLERK OF COURT VI, REGIONAL TRIAL COURT, BR. 63, BAYAWAN, NEGROS ORIENTAL
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 10 April 2019which reads as follows:
"A.M. No. P-19-3918 (formerly A.M. No. 18-08-173-RTC) — FAILURE TO COMPLY WITH THE REGULAR SUBMISSION OF MONTHLY FINANCIAL REPORTS OF ATTY. RAY STEPHEN T. LOGRONIO, CLERK OF COURT VI, REGIONAL TRIAL COURT, BR. 63, BAYAWAN, NEGROS ORIENTAL
In a Memorandum 1 dated February 13, 2018, the Office of the Court Administrator (OCA) directed Atty. Ray Stephen T. Logronio, Clerk of Court VI, Regional Trial Court (RTC), Br. 63, Bayawan, Negros Oriental to show cause why his salaries and allowances should not be withheld for failure to comply with office rules and regulations on the submission of the required monthly financial reports for the following: (a) Judiciary Development Fund (JDF), Special Allowance for the Judiciary (SAJ), Fiduciary Fund (FF), and Sheriff's Trust Fund (STF) for the period of August 2017 to January 2018; and (b) General Fund (GF) for the second to fourth quarter of 2017. 2 However, Atty. Logronio failed to respond to this show cause memorandum. 3 Thus, in a Memorandum 4 dated May 9, 2018, the OCA recommended to Senior Associate Justice (SAJ) Antonio T. Carpio 5 that: (a) the salaries and allowances of Atty. Logronio be withheld; (b) Atty. Logronio be relieved as Clerk of Court and the Executive Judge of RTC be directed to designate an Officer-in-Charge as substitute for Atty. Logronio; and (c) the Fiscal Monitoring Division, Court Management Office, OCA be directed to immediately conduct a financial audit on the books of account of Br. 63, Bayawan, Negros Oriental. 6 This memorandum and the recommendations therein were approved by SAJ Carpio on May 17, 2018. 7 Pursuant thereto, the OCA sent a Memorandum 8 dated May 24, 2018 to Atty. Logronio, informing him that his salaries and allowance were thereby withheld, that he was relieved as Clerk of Court, and that his authority to receive, collect and withdraw any court fund was suspended effectively immediately. 9 The OCA also directed him to submit the abovementioned reports within one month from notice. 10 In compliance thereto, Atty. Logronio transmitted the said reports through a letter 11 dated July 2, 2018. CAIHTE
Thereafter, in a Memorandum 12 dated August 10, 2018 addressed to the Deputy Court Administrator, the Financial Management Office (FMO) noted that this was the second instance that Atty. Logronio failed to submit monthly financial reports and was relieved of his duties as Clerk of Court. 13 A show cause memorandum 14 dated July 9, 2013 was previously sent to Atty. Logronio for failure to submit the following reports: JDF, SAJ, FF, and STF for the period of February 2010 to June 2013, and GF for the first quarter of 2009 to the first quarter of 2013. 15 He was also relieved as Clerk of Court and his salaries were withheld beginning May 2014. 16 Through a letter 17 dated October 28, 2014, Atty. Logronio submitted the reports and explained that the delayed submission of reports was due to "overload of work as clerk of court" of a newly created single sala court which lacked personnel due to resignation and transfer of five employees. 18 Since Atty. Logronio had already submitted the reports, he was reinstated as a Clerk of Court and his salaries were then released pursuant to the recommendations in a Memorandum dated November 21, 2014 as approved by then Chief Justice Maria Lourdes P.A. Sereno. 19 Thus, in view of the second incident of Atty. Logronio's failure to submit reports, the FMO recommended the: (a) continued withholding of his salaries and allowances; (b) retention of his relief as Clerk of Court and the Officer-in-Charge designated by the Executive Judge; and (c) referral of the matter to the Legal Office, OCA for evaluation for appropriate sanction as the circumstances may warrant. 20
In a Report 21 dated October 9, 2018, the OCA recommended that: (1) the instant administrative matter be re-docketed as a regular administrative complaint; and (2) Atty. Logronio be found guilty of simple neglect of duty for non-submission of the required monthly financial reports within the prescribed period, and accordingly be fined in the amount of P5,000.00, with a stern warning that a repetition of the same or similar act shall be dealt with more severely. 22 The OCA recommended the imposition of fine since Atty. Logronio had been previously reprimanded 23 for violation of Circular No. 32-93 dated July 9, 1993 (Re: Collection of Legal Fees and Submission of Monthly Report of Collections). 24 The OCA found that Atty. Logronio violated the mandatory submission of monthly reports of collections of court funds and fees pursuant to OCA Circular No. 113-2004, to wit:
The following guidelines and procedures are hereby established for purposes of uniformity in the submission of Monthly Reports of Collections and Deposits, to wit:
1. The Monthly Reports of Collections and Deposits for the Judiciary Development Fund (JDF), Special Allowance and Deposits for the Judiciary (SAJ) and Fiduciary Fund (FF) shall be:
xxx xxx xxx
1.3 Sent not later than the 10th day of each succeeding month to —
The Chief Accountant DETACaFinancial Management Office
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Henceforth, all Clerks of Court shall only submit monthly reports for the three (3) funds, namely: JDF, SAJ, and FF. 25
Due to the delay in the submission of reports, the OCA stated that Atty. Logronio may be held liable for simple neglect of duty under Section 50 (D) (1), 26 Rule 10 of the 2017 Rules on Administrative Cases in the Civil Service 27 (2017 RACCS). 28
The Court adopts the OCA findings and recommendation.
In affirming the recommended penalty, the Court notes that Atty. Logronio is already 62 years old and that in a similar case, 29 a clerk of court was fined in the amount of P5,000.00 for simple neglect of duty for failure to submit monthly reports. 30 In determining the penalty to be imposed, the Court considers the facts of the case and factors which may serve as mitigating circumstances, such as the respondent's length of service, the respondent's acknowledgment of his or her infractions and feeling of remorse, family circumstances, humanitarian and equitable considerations, and respondent's advanced age, among others. 31 Moreover, a fine is often imposed in lieu of suspension in order to prevent any undue adverse effect on public service which would ensue if work were otherwise left unattended.
WHEREFORE, the Court finds Atty. Ray Stephen T. Logronio, Clerk of Court VI, RTC, Br. 63, Bayawan, Negros Oriental GUILTY of simple neglect of duty and hereby FINED in the amount of Five Thousand Pesos (5,000.00) with a STERN WARNING that a repetition of the same or similar act shall be dealt with severely.
SO ORDERED. (PERLAS-BERNABE, J., On leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 9.
2.Id.
3.Id. at 7.
4.Id. at 7-8.
5. Per Section 12, R.A. 296, The Judiciary Act of 1948, as amended.
6.Rollo, p. 8.
7.Id.
8.Id. at 6.
9.Id.
10.Id.
11.Id. at 49.
12.Id. at 2-4.
13.Id.
14.Id. at 21.
15.Id.
16.Id. at 2-3.
17.Id. at 14.
18.Id.
19.Id. at 3.
20.Id. at 4.
21.Id. at 26-29.
22.Id. at 29.
23. Office of the Court Administrator v. Atty. Ray Stephen T. Logronio, Clerk of Court VI, Regional Trial Court (RTC), Bayawan City, Negros Oriental, A.M. No. P-15-3378, (formerly Re: Report on the Financial Audit conducted on the books of accounts of the RTC, Bayawan City, Negros Oriental, A.M. No. 15-06-169-RTC), September 2, 2015.
24. Rollo, p. 29.
25. Id. at 27-28.
26. SECTION 50. Classification of Offenses. — Administrative offenses with corresponding penalties are classified into grave, less grave and light, depending on their gravity or depravity and effects on the government service.
xxx xxx xxx
D. The following less grave offenses are punishable by suspension of one (1) month and one (1) day to six (6) months for the first offense; and dismissal from the service for the second offense:
1. Simple Neglect of Duty;
xxx xxx xxx
27. CSC Resolution No. 1701077, July 3, 2017.
28. Rollo, p. 29.
29. In re Peñaflor, Jr., 584 Phil. 359 (2008).
30. Id. at 365.
31. Office of the Court Administrator v. Egipto, Jr., A.M. No. P-05-1938, January 30, 2018, citing Arganosa-Maniego v. Salinas, 608 Phil. 334 (2009).