EN BANC
A.M. No. P-14-3209, October 20, 2015
OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FREDELITO R. BALTAZAR, CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT, ALLACAPAN-LASAM, CAGAYAN, Respondent.
R E S O L U T I O N
PER CURIAM:
- This report be docketed as a regular administrative matter against Mr. Fredelito R. Baltazar, Clerk of Court II, MCTC, Allacapan-Lasam, Cagayan for non-remittance of collections, tampering of court official receipts and non-submission of Monthly Financial Reports in violation of Administrative Circular No. 3-2000, OCA Circular Nos. 22-94 and 113-2004, respectively;cralawlawlibrary
- Mr. Fredelito R. Balatazar be DIRECTED within fifteen (15) days from receipt of notice to:
2.1. EXPLAIN in writing why no administrative sanction shall be imposed against him for non-submission of Monthly Financial Reports, delayed remittances of collections, tampering of the subsequent court official receipts and for incurring cash shortages, as presented below: cralawlawlibrary
TAMPERED OFFICIAL RECEIPTS OR# Copy of OR Payor Nature of Collection Amountalign="center"> Reported 6809128 Original Junior Bayucan Bond fee 500.00 Triplicate Juanito Rubino Cert, fee 35.0035.00
6809361 Original Mark Joy Ramil Bond fee 200.00 Triplicate Emilio Sarmiento Cert, fee 35.00 35.00 6808661 Original Mark Joy Ramil Bond fee 300.00 Triplicate Emilio Sarmiento Cert, feealign="center"> 15.00 15.00 6808600 Original Mark Joy Ramil Bail bond 2,000.00 Triplicate Celia Sipin Cert, fee 15.00 15.00 6808486 Original Edwin Galindon Bond fee 500.00 Triplicate Carlito Avila Cert, fee 15.00 15.00
SUMMARY OF SHORTAGES
Fund
Shortages
Restitution
Balance
Date
Amount
Fiduciary Fund
P 187,500.00
5.30.13
P 22,640.00
95,000.00
7.19.13
69,860.00
Judiciary Development Fund
15,668.80
7.19.13
8,292.00 7,376.80 Special Allowance for the Judiciary Fund 12,408.007.19.13
12,408.00
0.00
Mediation Fund
11,500.00
7.19.13
11,500.00
0.00
General Fund-New
10,000.00
10,000.00
TOTAL
P 237,076.80
P 124,700.00
P 112,376.80
2.1 SUBMIT pertinent documents to the Fiscal Monitoring Division, Court Management Office, this Office, to wit:
2.2.a. Copy of official receipt/s evidencing the collection of fine imposed on Criminal Case Numbers 3013 and 3011;cralawlawlibrary
2.2.b. Copy of official receipts evidencing the collection of solemnization fees of the aforementioned marriages solemnized in this court x x x;cralawlawlibrary
2.2.c. Bank confirmation of the following deposits to the [JDF] in the total amount of Seven Thousand Three Hundred Seventy-Six Pesos and 80/100 (P7,376.80), to wit:
November 2008
1,800.80
December 2008
500.00
January 2009
345.00
February 2009
1,305.00
March 2009
1,910.00
April 2009
315.00
May 2009
1.201.00
Total
7,376.80
2.2.d. Valid documents evidencing the following undocumented Fiduciary Fund withdrawals:
Date Withdrawn
OR Number
Case Number
Payor
Amount
Lacking Documents
01/17/08
18094491
2797-A
Ferdinand Balanay
6,000.00
A/R
01/17/08
18094492
2797-A
Ferdinand Balanay
6,000.00
A/R
03/18/09
20383116
2917-L
Oliver Valiente
2,000.00
A/R
08/27/09
20383127
2955-A
Randy Retreta
6,000.00
A/R
08/27/09
20383130
2955-A
Rick Aragon
6,000.00
A/R
04/07/11
20383153
2999-A
Manolo Garcia
2,000.00
A/R
- Mr. FREDELITO R. BALTAZAR be immediately placed under indefinite suspension without pay, considering that the acts committed involve gross dishonesty and grave misconduct.
- Ms. ANGELITA P. UTANES, Court Interpreter I and Officer-in- Charge, [MCTC], Allacapan-Lasam, Cagayan be DIRECTED to:
4.a. STRICTLY ADHERE with the procedural guidelines in the handling of the Sheriffs Trust Fund;cralawlawlibrary
4.b. 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 entries therein; and
4.c. STERNLY ADHERE 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- Hon. VICTOR R. CUMIGAD be DIRECTED to MONITOR the
financial transactions of the MCTC, Allacapan-Lasam, Cagayan, 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, he will be held equally liable for the infractions committed by the erring employee under his supervision.3
IN VIEW OF THE FOREGOING, it [is] respectfully recommended for the consideration of the Honorable Court that respondent Clerk of Court II Fredelito R. Baltazar, [MCTC], Allacapan-Lasam, Cagayan be found GUILTY of dishonesty and misconduct and be SUSPENDED for one (1) year without pay with a STERN WARNING that a repetition of the same or similar acts shall be dealt with more severely.12ChanRoblesVirtualawlibrary
No less than the Constitution mandates that "public office is a public trust." Service with loyalty, integrity and efficiency is required of all public officers and employees, who must, at all times, be accountable to the people. In a long line of cases, the Court had untiringly reminded employees involved in the administration of justice to faithfully adhere to their mandated duties and responsibilities. Whether committed by the highest judicial official or by the lowest member of the workforce, any act of impropriety can seriously erode the people's confidence in the Judiciary. "Verily, the image of a court of justice is necessarily mirrored in the conduct of its personnel. It is their sacred duty to maintain the good name and standing of the court as a true temple of justice." Corollary to this, failure to live up to their avowed duty constitutes a transgression of the trust reposed on them as court officers and inevitably leads to an exercise of disciplinary authority. Thus, the Court "condemns and would never countenance any conduct, act or omission on the part of all those involved in the administration of justice which would violate the norm of public accountability and would diminish or even just tend to diminish the faith of the people in the Judiciary." The Judiciary expects the best from all its employees who must be paradigms in the administration of justice. (Citations omitted)
SECTION 1. Court personnel shall not use their official position to secure unwarranted benefits, privileges or exemptions for themselves or for others.
x x x x
SEC. 5. Court personnel shall use the resources, property and funds under their official custody in a judicious manner and solely in accordance with the prescribed statutory and regulatory guidelines or procedures.
A. Judiciary Development Fund x x x x
1. Duty of the Clerks of Court, Officer-in-Charge or Accountable Officers. - The Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOOK FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund.
x x x x
(c) In the RTC, MeTC, MTCC, MTC, MCTC, SDC and SCC- The daily collections for the Fund in these courts shall be deposited everyday with the nearest LBP branch for the account of the Judiciary Development Fund, Supreme Court, Manila - SAVINGS ACCOUNT No. 0591-0116-34 or if depositing daily is not possible, deposits for the Fund shall be at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same shall, be deposited immediately even before the period above-indicated.
A separate set of official receipts shall be used for the collections for the Fund. The official receipt issued for the Fund shall invariably indicate the prefix initial of the name of the Fund, "JDF", followed immediately by the description of the kind and nature of the collection. Official receipts for the Fund shall be provided by the Supreme Court.
Collections shall not be used for encashment of personal checks,
salary checks, etc. Only Cash, Cashier's Check and Manager's Check are acceptable as payments.
Cash Book for the Judiciary Development Fund can be requisitioned from the Property Division, Office of the Court Administrator.
(d) Rendition of Monthly Report.- Separate "Monthly Report of Collections and Deposits" shall be regularly prepared for the
Judiciary Development Fund which shall be submitted to the Chief Accountant, FMO, OCA copy furnished the FMBO Supreme Court, the Fiscal Monitoring Division within ten [10] days after the end of every month. Duplicate copies of the official receipts issued during such month covered and validated copy of the Deposit Slips, should likewise be submitted. Deposit slips that are not machine validated shall not be considered as deposits.
The aggregate total of the Deposit Slips for any particular month should always be equal to and tally with the total collections for that month as reflected in the Monthly Report of Collections and Deposits, and Cash Book.
xxxx
B. General Fund (GF)
(1) Duty of the Clerks of Court, Officer-in-Charge or Accountable Officers.- The Clerks of Court, Officers-in-Charge of the office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the General fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOOK FOR CLERK OF COURT'S GENERAL FUND AND SHERIFF'S GENERAL FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund. (Emphasis supplied)ChanRoblesVirtualawlibrary
Section 46. Classification of Offenses. - Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service.
A. The following grave offenses shall be punishable by dismissal from the service:
1. Serious Dishonesty;cralawlawlibrary
2. Gross Neglect of Duty;cralawlawlibrary
3. Grave Misconduct;cralawlawlibrary
x x x x
6. Falsification of official document;cralawlawlibrary
x x x x
(Emphasis supplied)
Endnotes:
1Rollo, pp. 78-85. Signed by Court Administrator Jose Midas P. Marquez and Deputy Court Administrator Thelma C. Bahia.
2 Id. at 5-15. Signed by Audit Team Leader Sheryl A. Reambonanza and Team Members Jane R. Almonte, Sally Jean E. Maestro, Glecy U. Manalo amd Ruth Y. Corrige.
3 Id. at 12-15.
4 Id. at 1-4.
5 Id. at 65-69.
6 Id. at 70-72.
7 X-Ray Report dated April 24, 2013, id. at 73.
8Rollo, p. 70.
9 Id. at 71-72. The letter provides the following as submissions:10 Id. at 76-77.
- Photo copy of Official Receipts evidencing the Collection of fine imposed in Criminal Cases Nos[.]2011-Aand2013-A[:]
a. 2011-A- Darwin Dario
b. 2013-A-Heldigard Dario
c. 2013-Manuel Berbano- Photo copies Official Receipts evidencing the collection of Solemnization Fees of the Following Contracting Parties:
a. Christopher Palmones
b. Oscar Guillermo
c. Rodrigo Fontillas, Jr.
d. Eldred T. Agbayani
e. Genaro C. Balanza
f. Sylvester R. Galvin
g. Unick Berbano Que- Copy of a letter to the Land Bank of the Philippines, Aparri, Cagayan Re: Bank Confirmation of the JDF deposits made for November 2008, December 2008 and January 2009 to May 2009;
- Acknowledgment Receipts/documents of the following[:]
a. 2797-A, A/R Ferdinand Balanay --- P 6,000.00 b. 2797-A, A/R photo copy Ferdinand Balanay --- 6,000.00 b.l - Certified photo copies of Court documents affixing therein the signature of Ferdinand Balanay c. 2917-L, Death Certificate of Oliver Valiente --- (2,000.00) d. 2955-A, A/R of Randy Retreta 6,000.00 (d.1) - I.D. of Randy Retreta e. 2955-A, A/R of Rick Aragon 6,000.00 (e.1) - I.D. of Rick Aragon f. 2999-A, A/R of Manolo Garcia 3003-A Total --- 2[,]000.00 (f.1) - I.D. of Manolo Garcia g. 33-1085-2010 A/R of Edwin Damaso --- 15,000.00 (g.1)-I.D. of Edwin Damaso h. 3036-, A/R of Gilbert Collado --- 10,000.00 (h. 1) - I.D. of Gilbert Collado i. 3029-A, A/RofAurelioGualberto 2[,]000.00 (i.1) - I.D. of Aurelio Gualberto j. 2885-L, Larry Paulito (Certification issued by the Barangay Captain). (6,000.00)- Photo copy of transmittal letter dated September 18, 2013, re: documents submitted showing my restitution for the General Fund on September 11, 2013.
11 Supra note 1.
12 Id. at 85.
13 633 Phil. 35,53-54(2010).
14 2002 Revised Manual for Clerks of Court, Vol. 1, provides: 1.3. Branch Clerk of Court
1.3.1. Adjudicative Support Functions: x xx x
1.3.2. Non-Adjudicative Functions:chanRoblesvirtualLawlibrary1.3.2.1. Plans, directs, supervises and coordinates the activities of all personnel in a branch of a multiple sala for effectiveness and efficiency;cralawlawlibrary15 Dated September 16, 2004.
1.3.2.2. Keeps tab of the attendance and whereabouts of court personnel during office hours;cralawlawlibrary
1.3.2.3. Controls and manages all court records, exhibits, documents, properties and supplies;cralawlawlibrary
1.3.2.4. Administers oaths;cralawlawlibrary
1.3.2.5. Issues certificates of appearances and clearances;cralawlawlibrary
1.3.2.6. Drafts/prepares correspondence and indorsements for signature of the Judge; and
1.3.2.7. Performs other duties that may be assigned to him.ChanRoblesVirtualawlibrary
16 Office of the Court Administrator v. Saddi, A.M. No. P-10-2818, November 15, 2010, 634 SCRA 525, 531.
17 Id. at 531-532.
18Office of the Court Administrator v. Zerrudo, A.M. No. P-11-3006, October 23, 2013, 708 SCRA 348, 354-355.
19 Please see table of Tampered Official Receipts on pages 2-3 of this Resolution.
20 Please see table on Undocumented Fiduciary Fund Withdrawals on pages 3-4 of this Resolution
21 502 Phil. 264 (2005).
22 521 Phil. 482 (2006).
23 A.M. No. P-10-2800, November 18, 2014.
24 665 Phil. 13(2011).
25 Id. at 34-35.
26 641 Phil. 1 (2010).ChanRoblesVirtualawlibrary