SECOND DIVISION
A.M. No. P-12-3101, July 01, 2015
OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. BEATRIZ E. LIZONDRA, COURT INTERPRETER II AND OFFICER-IN-CHARGE, CLERK OF COURT, MUNICIPAL TRIAL COURT IN CITIES, TABUK CITY, KALINGA, Respondent.
R E S O L U T I O N
CARPIO, J.:
A. For the Special Allowance for the Judiciary Fund (SAJF)When asked to explain by the audit team, Lizondra admitted her failure to deposit the collections daily because she had no money to transport the collections. She explained that a round trip fare to the authorized depository bank, Land Bank of the Phillippines-Tabuk City (LBP-Tabuk), would cost her PI00 because she would need to hire a tricycle and the distance is about eight kilometers away. Otherwise, she would be out of the office for the whole day because the available trips to LBP-Tabuk are only twice a day, one in the morning and another in the afternoon.
Month Collected Amount Collected No. of Days Delayed Unearned Interest June 2004 2,480.40 34 14.06 July 2004 1,069.00 53 9.44 August 2004 9,724.60 55 89.14 September 2004 1,606.40 43 11.51 October 2008 9,767.60 47 76.51 September 2010 3,166.00 36 19.00 March 2011 3,937.60 28 18.38 May 2011 6,482.30 35 37.81 June 2011 5,828.40 19 18.46 July 2011 18,299.20 47 143.34 August 2011 6,498.00 55 59.57 September 2011 4,860.80 41 33.22 October 2011 4,246.80 53 37.51 November 2011 7,629.20 56 71.21 December 2011 4,426.00 31 22.87 January 2012 24,326.40 49 198.67 February 2012 4,668.0020 15.56 TOTAL 119,016.70 - 876.24/b>
B. For the Judiciary Development Fund (JDF)
Month Collected Amount Collected No. of Days Delayed Unearned Interest June 2004 8,879.60 34 50.32 July 2004 5,911.00 53 52.21 August 2004 6,595.40 55 60.46 September 2004 8,053.60 43 57.72 October 2008 6,632.40 47 51.95 November 2008 2,178.40 17 6.17 December 2008 3,853.56 15 9.63 January 2009 4,406.00 20 14.69 February 2009 4,133.60 20 13.78 March 2009 4,544.80 21 15.91 April 2009 3,605.80 22 13.22 May 2009 9,704.80 30 48.52 June 2009 8,053.80 24 32.22 July 2009 6,004.80 19 19.02 August 2009 4,518.80 17 12.80 September 2009 5,175.40 20 17.25 October 2009 3,739.20 26 16.20 November 2009 4,080.40 23 15.64 December 2009 10,469.40 29 50.60 January 2010 5,185.60 24 20.74 February 2010 3,292.20 31 17.01 March 2010 2,716.40 29 13.13 April 2010 3,783.20 26 16.39 June 2010 2,293.60 21 8.03 July 2010 1,471.20 31 7.60 August 2010 1,910.00 42 13.37 September 2010 3,634.00 36 21.80 January 2011 5,700.00 23 21.85 February 2011 5,212.80 37 32.15 March 2011 4,172.40 28 19.47 April 2011 4,157.20 16 11.09 May 2011 3,967.70 35 23.14 June 2011 3,071.60 19 9.73 July 2011 12,450.80 47 97.53 August 2011 6,552.00 55 60.06 September 2011 4,239.20 41 28.97 October 2011 2,753.20 53 24.32 November 2011 4,420.80 56 41.26 December 2011 9,234.00 31 47.71 January 2012 8,133.20 49 66.42 February 2012 2,932.00 20 9.77 TOTAL 211,823.86 - 1,169.86
(1) this report be docketed as a regular administrative complaint against Ms. BEATRIZ E. LIZONDRA, Court Interpreter II and Officer-in-Charge, MTCC, Tabuk City, Kalinga, for the delayed remittances of her judiciary collections, in violation of OCA Circular No. 13-92; Circular No. 50-95; and other existing rules and regulations relevant to the handling of judiciary funds;In a Resolution dated 5 December 2012, the Court resolved to re-docket the report as a regular administrative complaint against Lizondra for the delayed remittances of her judiciary collections.
(2) Ms. BEATRIZ E. LIZONDRA, Court Interpreter II and Officer-in-Charge, MTCC, Tabuk City, Kalinga, be FINED in the amount of Five Thousand Pesos (P5,000.00) for failure to deposit her collections on time thereby depriving the government of supposed interests earned from the said collections and be STERNLY WARNED that repetition of the same infraction shall be dealt with more severely in the future;
(3) Ms. BEATRIZ E. LIZONDRA, Court Interpreter II and Officer-in-Charge, MTCC, Tabuk City, Kalinga, be DIRECTED to:chanRoblesvirtualLawlibrary
a. EXPLAIN in writing why she failed to deposit her judiciary collections on time, in violation of OCA Circular No. 13-92; Circular No. 50-95; and other existing rules and regulations relevant to the handling of judiciary funds;
b. RESTITUTE her computed shortage in the Fiduciary Fund (FF) amounting to Two Thousand Pesos (P2,000.00) representing the double withdrawal of the cash bond posted by accused Jerry Dangiw in Criminal Case No. 4627 and SUBMIT to the Fiscal Monitoring Division (FMD), Court Management Office (CMO), Office of the Court Administrator (OCA), a machine-validated deposit slip as proof of said restitution;
c. PAY and DEPOSIT to the Judiciary Development Fund (JDF) the amount of Two Thousand Forty-Six Pesos and 10/100 (P2,046.10) representing unearned interests on delayed remittances of the following judiciary collections computed at 6% per annum, to wit:chanRoblesvirtualLawlibrary
Fund AmountJudiciary Development Fund (JDF) P 1,169.86Special Allowance for the Judiciary Fund (SAJF) 876.24Total Unearned Interest P P 2,046.10
and SUBMIT to the FMD, CMO, OCA, a machine-validated deposit slip as proof of said payment;
d. SUBMIT to the FMD, CMO, OCA, the lacking documents, court order and/or acknowledgment receipt, of the following withdrawn cash bonds by the late Mr. Nicasio B. Balinag, Jr., former Clerk of Court II, MTCC, Tabuk City, Kalinga, to validate the withdrawals, to wit:chanRoblesvirtualLawlibrary
Date Withdrawn Case No. Payor Amount Lacking
Documents 10/07/96 71243 Felomina Soriano 1,000.00 Acknowledgement Receipt 07/14/97 3379 Gilbert Ambona 6,000.00 Acknowledgement Receipt 11/15/97 3463 Joel Baac 2,000.00 Acknowledgement Receipt 11/26/97 3321 Rodolfo Soldevilla 1,000.00 Acknowledgement Receipt 01/24/01 3447 Eulogio [C]ortez, Jr. 12,000.00 Court Order 02/28/01 96-3536 Maribel Sal-ao 1,000.00 Court Order 07/13/00 22541 Norma Rica 6,000.00 Court Order 03/13/02 24142 Shirley Bangayan 6,000.00 Court Order 10/10/03 4129 Acmor Bonggawon 2,000.00 Acknowledgement Receipt 10/17/06 3937 Leonardo Linggayo 2,000.00 Acknowledgement Receipt 02/11/08 462-07 Lambert Gallema 10,000.00 Court Order TOTAL 49,000.00
e. CONTINUOUSLY monitor and update the financial transactions of the court and ensure that all her judiciary collections are deposited intact and within the reglementary period prescribed by the Circulars issued by the Honorable Court; and
f. STRICTLY ADHERE to the provisions of Sec. 10, Amended Administrative Circular No. 35-2004, with regard to the proper handling of the Sheriffs Trust Fund (STF) and all Circulars issued by the Honorable Court;
x x x x
Endnotes:
1Office of the Court Administrator v. Bacani, A.M. No. P-12-3099, 15 January 2013, 688 SCRA 516; Office of the Court Administrator v. Cruz, 678 Phil. 202 (2011); Report on the Financial Audit Conducted on the Books of Accounts of the MCTC, Mondragon-San Roque, Northern Samar, 626 Phil. 425 (2010).
2Office of the Court Administrator v. Perez, A.M. No. P-12-3074, 17 March 2014; Office of the Court Administrator v. Jamora, A.M. No. P-08-2441, 14 November 2012, 685 SCRA 412; Office of the Court Administrator v. Cruz, 678 Phil. 202 (2011); Report on the Financial Audit Conducted on the Books of Accounts of the MCTC, Mondragon-San Roque, Northern Samar, 626 Phil. 425(2010).
3 518 Phil. 1 (2006).
4 445 Phil. 220 (2003).
5Office of the Court Administrator v. Jamora, A.M. No. P-08-2441, 14 November 2012, 685 SCRA 412.