Office of the Court Administrator v. Yonson

FIRST DIVISION

[A.M. No. P-10-2859. November 21, 2018.]

OFFICE OF THE COURT ADMINISTRATOR, petitioner, vs.MS. PACITA A. YONSON, CLERK OF COURT II; MR. SEGUINDO KUIZON, PROCESS SERVER; MR. ANGELES AMOROSO, COURT STENOGRAPHER; MS. ADAH P. VIAJAR, OFFICER-IN-CHARGE (OCC) [COURT INTERPRETER II]; MR. LEO JAKE VIAJAR, [CASUAL UTILITY WORKER]; MR. REYNANTE CABUG-OS [ELECTRICIAN II] AND MR. JULIUS VAPOR [UTILITY WORKER I] [FORMERLY A.M. OCA IPI NO. 09-3233-P (FORMERLY A.M. NO. 09-5-86-MTC) (FINANCIAL AUDIT CONDUCTED AT THE MUNICIPAL TRIAL COURT, BUENAVISTA, AGUSAN DEL NORTE)], respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution dated November 21, 2018which reads as follows:

"A.M. No. P-10-2859 — Office of the Court Administrator vs. Ms. Pacita A. Yonson, Clerk of Court II; Mr. Seguindo Kuizon, Process Server; Mr. Angeles Amoroso, Court Stenographer; Ms. Adah P. Viajar, Officer-in-Charge (OCC) [Court Interpreter II]; Mr. Leo Jake Viajar, [Casual Utility Worker]; Mr. Reynante Cabug-os [Electrician II] and Mr. Julius Vapor [Utility Worker I] [Formerly A.M. OCA IPI No. 09-3233-P (Formerly A.M. No. 09-5-86-MTC) (Financial Audit Conducted at the Municipal Trial Court, Buenavista, Agusan del Norte)]

The instant administrative case stemmed from the examination conducted by the Audit Team from the Fiscal Monitoring Division of the Court Management Office on the books of accounts maintained at the Municipal Trial Court (MTC), Buenavista, Agusan del Norte, covering the period from January 1, 2004 to November 30, 2008, involving transactions for the Judiciary Development Fund (JDF), Special Allowance for the Judiciary Fund (SAJF), Mediation Fund and collections from November 30, 2008 of Fiduciary Fund (FF), transactions. 1

In a Memorandum 2 dated April 29, 2009, the Audit Team recommended to the Office of the Court Administrator (OCA) the following:

1. The adverse report against MS. ADAH P. VIAJAR and MS. ANGELES M. AMOROSO set forth below be treated as an administrative complaint against them and that they be required to comment thereon.

a. MS. ADAH P. VIAJAR for mishandling of collections representing fines in Criminal Case Nos. 3529 and 3507 in the amount of P3,001.00 each or a total of P6,002.00. These collections were not deposited nor reported until they were discovered during the audit conducted in 2004. By her failure to deposit the said amount for almost two (2) years, there is an indication that the said amount was used for personal interests. Ms. Viajar at first tried to evade the mishandling of said money had it not for the notation made by Mr. Kuizon that the money was given to her by the accused. Also, for deliberately withholding information from the Audit Team regarding the case filed against Rosario Bonife and as a result of which, accused Rosario Bonife was released after the case filed against her in Butuan City was dismissed; and aScITE

b. MS. ANGELES M. AMOROSO, Court Stenographer, Municipal Trial Court, Buenavista, Agusan del Norte, for "Obstruction of Justice" by conniving with Ms. Adah P. Viajar in withholding information regarding the whereabouts of accused Rosario Bonife from the Presiding Judge, Edgar Manilag. Judge Manilag, being clueless on the whereabouts of accused Rosario Bonife, thus, the latter's order placing the case against accused Rosario Bonife in the archives on October 20, 2005 and was not revived upon the apprehension of the accused on April 22, 2006 in Butuan City.

2. MS. PACITA A. YONSON, former Clerk of Court, Municipal Trial Court, Buenavista, Agusan del Norte, be DIRECTED within fifteen (15) days from receipt of notice to:

a. SUBMIT the following:

a.1 Documents to identify and authorize the withdrawals made amounting to P59,000.00 x x x;

a.2 Details of the P5,864.50 representing the partial restitution made in March, 2004;

a.3 Update of the payment made on the P41,212.00 and P871.50 representing the "FINES" and unaccounted "MONEY EXHIBITS," respectively.

b. PAY the following shortages in the manner herein stated:

 

Name of Fund	Amount	Action to be taken
Judiciary Development Fund	P1,605.80	Pay to the Cashier, Office of the Court Administrator, Supreme Court, and furnish FMD-CMO with machine validated deposit slip as proof of such payment.
Clerk of Court's General Fund	2,030.80	Pay to the Cashier, Office of the Court Administrator, Supreme Court, and furnish FMD-CMO with machine validated deposit slip as proof of payment.
Special Allowance for the Judiciary Fund	30,217.00	Pay to the Cashier, Office of the Court Administrator, Supreme Court, and furnish FMD-CMO with machine validated deposit slip as proof of such payment.
Fiduciary Fund	59,050.00	Deposit to LBP Savings Account No. 0361-0980-64. Indicate in the deposit slip "for payment of shortage incurred per audit dated November 30, 2008.
TOTAL	P92,903.60

 

3. MS. LUZVIMINDA GUZMAN-HERNANDEZ, incumbent Clerk of Court, Municipal Trial Court, Buenavista, Agusan del Norte, be DIRECTED within fifteen (15) days from receipt of notice to:

a. SUBMIT the following documents, to wit:

a.1. machine validated deposit slip reflecting the remittance of P9.60 representing the JDF collections on November 28, 2008 which was then considered as deposit-in-transit;

a.2. List of Fiduciary Fund Collections, Fiduciary Fund Withdrawals, Statement of Unwithdrawn Fiduciary Fund as of November 30, 2008, signed by previous Accountable Officers x x x; HEITAD

a.3 Certification of Detention issued by the Chief of Police of NBI-Caraga Region, Butuan City in connection with the case of People vs. Rosario Bonife, Criminal Case No. 3736. Also, to give update on the status of the Criminal Case No. 3736, entitled People of the Philippines vs. Rosario Bonife, for "Theft";

b. Adopt measures pursuant to Court issued Circulars in order to protect the court's documents, both financial and judicial;

c. IMPLEMENT the numbering of all the documents contained in a case record to avoid the insertion or detaching of documents vital to the subject case;

d. UPDATE the entries in the "Docket Book," both Civil and Criminal, as this will be used as source documents in the financial audit; and

e. EXPLAIN why no collection was made for Sheriff's Trust Fund (STF) and why collections for Mediation Fund (MF) started only on January, 2007.

4. MS. JOJERIE LUMACTUD, Clerk II, Municipal Trial Court, Buenavista, Agusan del Norte, be DIRECTED to ASSIST MS. PACITA YONSON in the latter's compliance with the directive of the Court to submit documents to identify the unallowed withdrawals amounting to P59,000.00, within fifteen (15) days from receipt of notice. Failure on her part to do the same will be dealt with severely by the Court.

5. MR. LEO JAKE P. VIAJAR's detail at MTC, Buenavista be immediately revoked and be transferred to another court to avoid conflict among court personnel as a result of his mother's interference. Also, the detail of MR. REYNANTE CABUG-OS at MTC, Buenavista be immediately revoked.

6. That an investigation be conducted on the reported drinking of alcohol during office hours on February 12, 2009 by Leo Jake P. Viajar, Reynante Cabug-os and Julius Vapor, all working at the Municipal Trial Court, Buenavista, Agusan del Norte.

7. JUDGE EDGAR G. MANILAG, former Presiding Judge of Municipal Trial Court, Buenavista, Agusan del Norte, now the Presiding Judge of RTC, Branch 33, Butuan City, be DIRECTED to EXPLAIN why despite the apprehension of accused Bonife (re: People vs. Bonife, Criminal Case No. 3736, for "Theft"), on April 26, 2006, the archived case was not revived as per order dated Oct. 20, 2005. The apprehension was made by PO3 Conrado Bejo of the PNP, Buenavista, the same person who requested for the issuance of the ALIAS WARRANT against Bonife on January 12, 2006 x x x.

8. JUDGE GAEL P. PADERANGA, Acting Presiding Judge, Municipal Trial Court, Buenavista, Agusan del Norte, be DIRECTED to: (1) CONDUCT investigation withinfifteen (15) days upon receipt of this notice, regarding the release of accused Bonife (re: People of the Philippines vs. Rosario Bonife, Criminal Case No. 3736) from detention on November 8, 2006 in connection with the dismissal of the case filed against her at RTC, Branch 2, Butuan City despite the standing ALIAS WARRANT OF ARREST issued against the accused Bonife dated January 19, 2006 and to SUBMIT immediately to the Office of the Court Administrator, report and recommendation as to the result of the investigation conducted and (2) REFRAIN from designating the Court Interpreter Adah P. Viajar as Officer-in-Charge of the court in the absence of the Clerk of Court pending submission of the result of the investigation. 3

On June 10, 2009, the Court issued a Resolution 4 wherein it adopted in toto the recommendation of the Audit Team. ATICcS

In her Comment 5 dated July 22, 2009, Adah P. Viajar (Adah) admitted that in Criminal Case No. 3507, she received the amount of P3,100.00 as payment of fine and acknowledged its delayed remittance to the Clerk of Court. With respect to Criminal Case No. 3529, however, Adah denied receiving any amount from the accused therein as payment of fine. Moreover, in Criminal Case No. 3736, Adah claimed that she had nothing to do with Rosario Bonife's (Bonife) release from detention. In fact, she manifested that she indorsed the Alias Warrant issued against Bonife to the Philippine National Police (PNP) who is tasked to implement the same.

For her part, Angeles M. Amoroso (Amoroso) admitted in her Answer 6 that she is a relative of Bonife, the accused in Criminal Case No. 3736, but insisted that the latter never approached her regarding the case. According to her, when she learned that Bonife was ordered released from detention relative to another case pending in another Regional Trial Court, she was sure that Bonife will not actually be released from detention considering that their Presiding Judge issued an Alias Warrant against Bonife which was furnished to the PNP.

Meanwhile, in her compliance 7 dated July 27, 2009, Pacita A. Yonson (Yonson) submitted documents to show details on the partial restitution made in March 2004 and updates on the payments made representing "fines" and unaccounted "Money Exhibits." With respect to the order requiring her to identify unauthorized withdrawals in the amount of P59,000.00, she explained that the same could no longer be made because she can no longer recall all the relevant transactions therein. Also, she admitted her failure to strictly follow the mandated auditing rules and procedures in handling court funds which resulted to shortages. Thus, she requested to just deduct whatever shortages she may have incurred from the value of her earned leave credits.

With respect to Luzviminda Guzman-Hernandez (Hernandez), she submitted her Letter 8 dated July 15, 2009, wherein, she averred that it became their practice not to collect Sheriff's Trust Fund (STF) because of the minimal expenses involved in the serving of subpoenas and notices considering the distance of the respondents are just near to the court. With respect to the Mediation Fund, Hernandez explained that during the questioned period, their court did not receive any civil cases subject for mediation fund.

As to Jojerie Lumactud (Lumactud), she alleged in her Letter 9 dated July 23, 2009, that she reminded Yonson to identify the unallowed withdrawals but unfortunately, she could no longer recall any. As partial compliance, Lumactud submitted acknowledgement receipts and certifications for Criminal Case No. 2924, in the amount of P10,000.00 and Criminal Case No. 3580, in the amount of P5,000.00.

In connection with the alleged drinking incident, Reynante G. Cabug-os (Cabug-os) admitted in his Letter 10 dated July 29, 2009 that he, together with Julius Vapor (Vapor) and Leo Jake P. Viajar (Leo), went to the public market during office hour, where they consumed a bottle of beer. Also, in their Joint Affidavit, 11 Vapor, Cabug-os, and Leo, reiterated their claim that the alleged drinking incident did not happen inside the premises of the Hall of Justice. Further, they requested for the Court's compassion and promised to maintain the code of conduct of being a government employees.

In an Explanation 12 dated July 13, 2009, Presiding Judge Edgar G. Manilag claimed that he had no idea that Bonife had already been apprehended on April 26, 2006. Otherwise, he could have issued an Order reviving Criminal Case No. 3736.

In compliance with the June 10, 2009 Resolution of the Court, Judge Gael P. Paderanga (Judge Paderanga) conducted an investigation on the matter and concluded, among others, that Segundo Kuizon's (Kuizon) failure to furnish the Chief of Police of the PNP of Buenavista, was the reason why Bonife was not taken into custody despite the Alias Warrant issued against her. Judge Paderanga's Investigation Report, 13 states:

1. With respect to the adverse report against Mrs. Adah P. Viajar and the administrative complaint against her, justice dictates that for lack of factual support shall be dismissed but in view of the newly discovered facts that the Alias Warrant of Arrest was not duly served to and received by the Chief of Police of Buenavista, Agusan del Norte, the said OIC [C]lerk of Court shall be sanctioned and thus reprimanded in accordance with the Civil Service Law which is made suppletory under the 2004 Code of Conduct of Court Personnel for her neglect in exercising her oversight function of supervision over her Process Server, Mr. Segundo Kuizon who admitted having forgotten to comply with his main duty to serve the Alias Warrant of Arrest as directed by this Court, which neglect is aggravated by her equivalent neglect to direct the Court Stenographer I, Mrs. Angeles Amoroso, to place on record the P2,500 she received as initial amount of P10,000 bailbond of the accused. But said sanction shall be correspondingly mitigated by reason of her being a mere OIC to the office of the [C]lerk of Court only, a position which needs to be occupied by a lawyer or a barrister;

2. The adverse report against Mrs. Angeles Amoroso and the administrative complaint against her shall be dismissed for lack of evidence, but that she shall be sanctioned by suspension for one (1) month without pay by authority of the same Civil Service Law in not reporting to his Court, the P2,500 she received as initial amount of bailbond in Criminal Case No. 3736, and annotating the same in the Court's Records Book, which conduct has placed this Court a suspect of extortion thereby blackening its image and that of the whole Judiciary; and ordering her to immediately, turn over said amount to this Court if that was not yet done, to await proper disposition; TIADCc

3. That for being the sole cause of the accused not being taken in custody in her case before this Court, despite the Alias Warrant of Arrest issued against her, the Process Server, Mr. Segundo Kuizon admittedly failed to perform his principal duty to serve the same to the Chief of Police of the PNP of Buenavista, and for said reason, he shall be sanctioned and be suspended for one (1) month without pay, with a warning of a stiffer penalty to be imposed on him, for any repetition of same negligence in the future;

4. Mr. Julius Vapor having simply obeyed simple order from the OIC [C]lerk of Court to stitch the 'Cash Bail Bond Undertaking' to the Folder of the accused' case, is found to be free of any culpability. 14

The Investigation Report of Judge Paderanga was noted by the Court in a Resolution 15 dated September 28, 2009.

In a Memorandum 16 dated April 20, 2010, the OCA submitted its report and recommendation, as follows:

1. The financial audit report be RE-DOCKETED as a regular administrative matter against the following:

a. Ms. Pacita A. Yonson for GROSS NEGLIGENCE with the penalty of FINE equivalent to her salary of three (3) months to be deducted from the money value of her leave credits; and she be DIRECTED to PAY the amounts stated in the 10 June 2009 Resolution of the Court amounting to P92,903.60, less the P10,000.00 subject of the Acknowledgement Receipt she submitted, also to be deducted from the money value of her leave credits;

b. Ms. Segundo Kuizon for NEGLECT OF DUTY with the penalty of two (2) months SUSPENSION without pay;

c. Ms. Angeles Amoroso for SIMPLE MISCONDUCT with the penalty of SUSPENSION for one month and one (1) day without pay;

d. Ms. Adah P. Viajar for her failure to supervise her subordinates in the discharge of their functions in relation to the incidents in People v. Bonife with the penalty of REPRIMAND; and

e. Mr. Leo Jake P. Viajar, Mr. Reynante Cabug-os, and Mr. Julius Vapor, for violating Civil Service Rules and Supreme Court regulations for drinking of alcohol during office hours and be REPRIMANDED with a STERN WARNING that a repetition of the same or similar act in the future shall merit a more severe sanction.

2. The Financial Management Office-Office of the Court Administrator be DIRECTED to process the terminal leave pay of Ms. Pacita A. Yonson and to apply the same to the shortage in the Fiduciary Fund, Judiciary Development Fund, Special Allowance for the Judiciary Fund, and the Clerk of Court General Fund, and the Fine amounting to three months salary;

3. The administrative case against Mr. Adah P. Viajar "for mishandling of collections representing fines in Criminal Case Nos. 3529 and 3507 in the amount of P3,001.00 each or a total of P6,002.00" and "for deliberately withholding information from the Audit Team regarding the case filed against Rosario Bonife and as a result of which, accused Rosario Bonife was released after the case filed against her in Butuan City was dismissed" be DISMISSED for lack of merit;

4. The administrative case against Ms. Angeles M. Amoroso for "Obstruction of Justice" by conniving with [M]s. Adah P. Viajar in withholding information regarding the whereabouts of accused Rosario Bonife from the Presiding Judge Edgar Manilag be DISMISSED for lack of merit; and

5. The respective Motions for Reconsideration of Mr. Viajar and Mr. Cabug-os praying for the lifting of the order of revocation of their detail at MTC, Buenavista, Agusan del Norte be GRANTED. 17 AIDSTE

Later, Yonson submitted her Letter 18 dated December 7, 2010, wherein she attached additional machine copies of deposit slips for SAJF and FF in the total amount of P74,300.00.

After considering the report and recommendation of the OCA, the Court, in a Resolution 19 dated October 13, 2010, resolved to re-docket the financial audit report as a regular administrative matter against the respondents.

Meanwhile, on January 28, 2014, an Ex-Parte Manifestation 20 was filed by Hilario A. Yonson, Jr., son of Yonson, wherein he reported to the Court of Yonson's death on December 9, 2013 and requested for the early resolution of the case.

Also, acting on Kuizon's claim for compulsory retirement benefits, the OCA, in a Memorandum 21 dated July 7, 2016, recommended that Kuizon be dropped as one of the respondents considering that he was not named as one of the respondents nor was there any finding that he committed an infraction in connection with the audit conducted in the MTC, Buenavista, Agusan del Norte.

On September 14, 2016, the Court issued a Resolution 22 wherein it adopted the findings of the OCA in its Memorandum dated July 7, 2016 and resolved to drop Kuizon as one of the respondents and consider the case against him closed and terminated.

On November 23, 2016, however, the Court recalled its Resolution 23 dated September 14, 2016, which dropped Kuizon as one of the respondents and referred his request to claim his compulsory retirement benefits back to the OCA for further evaluation and reconciliation. The Court explained that the recall of the Resolution was necessary to avoid inconsistency considering that the OCA has yet to issue its report and recommendation on Judge Paderanga's Investigation Report dated July 30, 2009, wherein Kuizon was included as one of the respondents.

OCA Report and Recommendation

In a Memorandum 24 dated April 17, 2017, the OCA made the following findings and recommendation:

1. the late Ms. PACITA A. YONSON, former Clerk of Court II, of the MTC, Buenavista, Agusan del Norte, be imposed a FINE of Forty Thousand Pesos (PHP40,000.00) for the shortages she had incurred in the different funds which were subsequently restituted, computed as follows:

 

Name of Fund	Amount	Restitutions Made	Balance
		Date	Amount
Judiciary Development Fund	PHP1,605.80	01/28/10	PHP1,605.80	PHP-0-
Clerk of Court's General Fund	2,030.80	01/28/10	2,030.80	-0-
Special Allowance for the Judiciary Fund	30,217.00	02/01/10	30,217.00	-0-
Fiduciary Fund	44,050.00*	02/01/10	44,050.00	-0
TOTAL	PHP50,707.60		PHP50,707.60	PHP-0-
* Final accountability after deducting the PHP15,000.00 due to the compliance/submission of deposit slip dated 23 July 2009.

 

to be deducted from the money value of her earned leave credits subject to the usual clearance requirements, and that the case at bar be considered CLOSED and TERMINATED as to her after proof of deduction from her terminal pay of the fine imposed against her;

2. Mr. SEGUNDO A. KUIZON, former Process Server, MTC, Buenavista, Agusan del Norte, be found GUILTY of neglect of duty and be FINED in the sum of Twenty Thousand Pesos (PHP20,000.00) to be deducted from the money value of his earned leave credits subject to the usual clearance requirements, and that the case at bar be considered CLOSED and TERMINATED as to him after proof of deduction from the money value of his terminal leave of the fine imposed against him;

3. Ms. ANGELES M. AMOROSO, former Court Stenographer, of the MTC, Buenavista, Agusan del Norte, be found GUILTY of simple misconduct and be FINED in the sum of Five Thousand Pesos (PHP5,000.00) to be deducted from the money value of her earned leave credits subject to the usual clearance requirements, and to DISMISS for lack of merit the administrative case against Ms. Amoroso for "Obstruction of Justice" by allegedly conniving with Ms. Adah P. Viajar in withholding information on the whereabouts of accused Rosario Bonife from Presiding Judge Edgar Manilag, and that the case at bar be considered CLOSED and TERMINATED as to her after proof of deduction from her terminal leave pay of the fine imposed against her; AaCTcI

4. Ms. ADAH P. VIAJAR, Interpreter I, of the MTC, Buenavista, Agusan del Norte, be: a) REPRIMANDED for her failure to supervise her subordinates in the discharge of their functions in relation to the incidents in "People of the Philippines vs. Bonife"; and b) on the charge "for mishandling of collections representing fines in Criminal Case Nos. 3529 and 3507 in the amount of P3,001.00 each or a total of P6,002.00," and for deliberately withholding information from the Audit Team regarding the case filed against Rosario Bonife be DISMISSED for lack of merit and that the case at bar be considered CLOSED and TERMINATED as to Ms. Viajar; and

5. the administrative matter against Mr. LEO JAKE P. VIAJAR, former Utility Worker-Hall of Justice (HOJ), Buenavista, Agusan del Norte, Mr. REYNANTE CABUG-OS, former Electrician-HOJ, Buenavista, Agusan del Norte and Mr. JULIUS VAPOR, former Utility Worker-HOJ be considered CLOSED and TERMINATED — since the contracts of Mr. Viajar and Mr. Cabug-os as casual employees of the HOJ [detailed at the MTC, Buenavista, Agusan del Norte] were not renewed and they are no longer in the service since 01 January 2010, and Mr. Julius Vapor was already dropped from the rolls pursuant to the Resolution dated 6 June 2016 of the Honorable Third Division in A.M. No. 16-04-37-MTC. 25

Ruling of the Court

The Court agrees with the findings and recommendation of the OCA.

Often the Court have stressed that the conduct and behavior of all employees charged with the dispensation of justice are circumscribed with a heavy burden of responsibility. Their conduct must, at all times, be characterized by propriety and decorum. More importantly, it should be beyond suspicion. Indeed, every employee must be paradigms of integrity, uprightness, and honesty in the administration of justice. 26

PACITA A. YONSON

Time and again, the Court have always reminded Clerks of Court of their duty to immediately deposit the various funds received by them to the authorized depository bank. In addition, they are tasked to render a monthly report to the Fiscal Management Office within the first 10 days of each month. Thus, the Court treats them as the chief administrative officers of their respective courts and requires them to perform their duties with competence, honesty, and probity in accordance with their duty of protecting the integrity of the court and its proceedings. 27

Here, Yonson readily admitted her failure to follow the auditing rules laid down by the Court, which is punishable as gross neglect of duty with a maximum penalty of dismissal for the first offense as prescribed under Section 46, Rule 10, Revised Rules on Administrative Cases in the Civil Service (RRACCS). Due, however, to her death, the Court finds that the recommendation of OCA of fine in the amount of P40,000.00 to be deducted for her terminal pay proper under the circumstances.

SEGUNDO A. KUIZON

Process servers play an important role in the machinery of the justice system, whose function entails the performance of an efficient means of communication between the court and the litigants. In the present case, Kuizon admitted having been ordered to furnish a copy of the Alias Warrant of Arrest against Bonife to the office of the National Bureau of Investigation and the Chief of Police of Buenavista PNP. Due, however, to his negligence, Kuizon failed to furnish the Chief of Police of Buenavista which explains why no return of service was found in the records or any signature of receipt by the PNP of Buenavista. 28

As to the proper penalty, considering that Kuizon compulsorily retired from the service, the penalty of suspension could no longer be imposed against him. Thus, the Court finds that the penalty of fine in the amount of P20,000.00 is commensurate for the offense charged, to be deducted from his terminal leave pay.

ANGELES M. AMOROSO

In not reporting the P2,500.00 she received as initial amount of bailbond in Criminal Case No. 3736, and annotating the same in the Court's Records Book, which conduct has placed the court, a suspect of extortion, the Court finds Amoroso's action irregular and highly suspect. Her failure to report the said amount blackened the image of the court. Although unintentional mistake and good faith are not valid defenses in administrative cases, the fact that this is her first infraction, the Court finds the recommended penalty of fine in the amount of P5,000.00 in order.

ADAH P. VIAJAR

As correctly observed by the OCA, Adah, as the OIC Clerk of Court, at the time of the incident, she is expected to duly supervise and monitor her subordinates in the performance of their functions. Thus, the Court agrees to the recommendation of the OCA to reprimand her for her lapses. EcTCAD

LEO JAKE P. VIAJAR,

Considering that Leo and Cabug-os' contracts as casual employees of the Hall of Justice of Buenavista, Agusan del Norte, were not renewed and they are no longer in the service since January 1, 2010, and Vapor was already dropped from the rolls pursuant to the Resolution of the Court in A.M. No. 16-04-37-MTC dated June 6, 2016, the Court deemed it proper to consider the case against them closed and terminated.

As a final reminder, the Court reminds all judicial employees that they must conduct themselves with propriety and decorum at all times. The Court cannot countenance — it in fact condemns any conduct, act or omission that violates the norm of public accountability and diminishes the faith of the people in judiciary. 29 This is because the image of a court of justice is necessarily mirrored in the conduct of its employees. Thus, court employees should always exhibit a high degree of professionalism and responsibility, as service in the judiciary is not only a duty, it is a mission. 30

WHEREFORE, the Court resolves to APPROVE and ADOPT the recommendation of the OCA dated April 17, 2017 and RESOLVE that:

1. Respondent Pacita A. Yonson, former Clerk of Court II, of the MTC, Buenavista, Agusan del Norte, be FINED in the amount of Forty Thousand Pesos (P40,000.00) for the shortages she had incurred in the different funds which were subsequently restituted, to be deducted from the money value of her earned leave credits subject to the usual clearance requirements, and that the case at bar be considered CLOSED and TERMINATED as to her after proof of deduction from her terminal pay of the fine imposed against her;

2. Respondent Segundo A. Kuizon, former Process Server, Municipal Trial Court, Buenavista, Agusan del Norte, is hereby found GUILTY of neglect of duty and meted a FINE in the amount of Twenty Thousand Pesos (P20,000.00) to be deducted from the money value of his earned leave credits subject to the usual clearance requirements, and that the case at bar be considered CLOSED and TERMINATED as to him after proof of deduction from the money value of his terminal leave of the fine imposed against him;

3. Respondent Angeles M. Amoroso, former Court Stenographer, of the Municipal Trial Court, Buenavista, Agusan del Norte, is hereby found GUILTY of simple misconduct and meted a FINE in the amount of Five Thousand Pesos (P5,000.00) to be deducted from the money value of her earned leave credits subject to the usual clearance requirements, and to DISMISS for lack of merit the administrative case against Ms. Amoroso for "Obstruction of Justice" by allegedly conniving with Ms. Adah P. Viajar in withholding information on the whereabouts of accused Rosario Bonife from Presiding Judge Edgar Manilag, and that the case at bar be considered CLOSED and TERMINATED as to her, after proof of deduction from her terminal leave pay of the fine imposed against her;

4. Ms. Adah P. Viajar, Interpreter I, of the Municipal Trial Court, Buenavista, Agusan del Norte, is hereby: a) REPRIMANDED for her failure to supervise her subordinates in the discharge of their functions in relation to the incidents in "People of the Philippines v. Bonife"; and b) on the charge "for mishandling of collections representing fines in Criminal Case Nos. 3529 and 3507 in the amount of P3,001.00 each or a total of P6,002.00," and for deliberately withholding information from the Audit Team regarding the case filed against Rosario Bonife be DISMISSED for lack of merit and that the case at bar be considered CLOSED and TERMINATED as to Ms. Viajar; and

5. the administrative matter against Mr. Leo Jake P. Viajar, former Utility Worker-Hall of Justice (HOJ), Buenavista, Agusan del Norte, Mr. Reynante Cabug-os, former Electrician-HOJ, Buenavista, Agusan del Norte and Mr. Julius Vapor former Utility Worker-HOJ be considered CLOSED and TERMINATED, since the contracts of Mr. Viajar and Mr. Cabug-os as casual employees of the HOJ [detailed at the Municipal Trial Court, Buenavista, Agusan del Norte] were not renewed and they are no longer in the service since January 1, 2010, and Mr. Julius Vapor was already dropped from the rolls pursuant to the Resolution dated June 6, 2016 of the Honorable Third Division in A.M. No. 16-04-37-MTC. HSAcaE

SO ORDERED." Bersamin, J., designated Acting Chairperson per Special Order No. 2606 dated October 10, 2018; Gesmundo, J., designated additional Member per Special Order No. 2607 dated October 10, 2018.

Very truly yours,

(SGD.) LIBRADA C. BUENADivision Clerk of Court

 

Footnotes

1.Rollo, p. 6.

2.Id. at 6-17.

3.Id. at 13-16.

4.Id. at 85-89.

5.Id. at 143-145.

6.Id. at 186-187.

7.Id. at 237-238.

8.Id. at 123-125.

9.Id. at 179-180.

10.Id. at 191-192.

11.Id. at 202-203.

12.Id. at 112-113.

13.Id. at 370-380.

14.Id. at 379-380.

15.Id. at 381-383.

16.Id. at 385-398.

17.Id. at 397-398.

18.Id. at 402-410.

19.Id. at 400-401.

20.Id. at 496-497.

21.Id. at 506-507.

22.Id. at 547-548.

23.Id. at 549-550.

24.Id. at 553-561.

25.Id. at 559-561.

26.In Re: Report on the Judicial and Financial Audit Conducted in the MTC in Cities, Koronadal City, 496 Phil. 814, 826 (2005).

27.Office of the Court Administrator v. Baltazar, 771 Phil. 516, 531 (2015).

28.Rollo, p. 374.

29.Sps. Tagaloguin v. Hingco, Jr., 499 Phil. 353, 354 (2005).

30.Branch Clerk of Court Grutas v. Madolaria, 574 Phil. 526, 535 (2008).