EN BANC
A.M. No. MTJ-01-1385, March 19, 2019
EUGENIO STO. TOMAS, COMPLAINANT, v. JUDGE ZENAIDA L. GALVEZ, MUNICIPAL TRIAL COURT, CABUYAO, LAGUNA, RESPONDENT.
A.M. No. P-17-3704 [Formerly OCA IPI No. 03-1758-P], March 19, 2019
VICTORIA BENIGNO, COMPLAINANT, v. EUGENIO STO. TOMAS, CLERK OF COURT, MUNICIPAL TRIAL COURT, CABUYAO, LAGUNA, RESPONDENT.
A.M. No. MTJ-03-1472 [Formerly A.M. No. 02-10-271-MTC], March 19, 2019
OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, v. JUDGE ZENAIDA L. GALVEZ AND CLERK OF COURT EUGENIO STO. TOMAS, MUNICIPAL TRIAL COURT, CABUYAO, LAGUNA, RESPONDENTS.
D E C I S I O N
PER CURIAM:
This consolidated administrative cases stemmed from A.M. No. 01-4-133-MTC1 entitled "Re: Administrative Matter Withholding of Other Emoluments, etc. of the Clerk of Court Elsie C. Remoroza, et al." imputing neglect of duty to several clerks of court, including Clerk of Court Eugenio Sto. Tomas (Sto. Tomas) of the Municipal Trial Court (MTC) of Cabuyao, Laguna, for their failure to submit reports of monthly collections for the judiciary funds pursuant to Section 1222 of Presidential Decree No. 14453 and Supreme Court (SC) Circular No. 32-93.4
In a Resolution5 dated May 4, 2001, the Court resolved, among others, to direct the Office of the Court Administrator (OCA) to conduct an immediate audit of the cases and accounts of these court officers; to withhold further emoluments due them; and to impose administrative sanctions on them for their continued defiance of SC Circular No. 32-93. Upon the recommendation of the OCA, the Court suspended the erring clerks of court without pay, including Sto. Tomas, until full compliance with the Court's directives.6
A. Judge Zenaida L. GalvezThe audit team also discovered the accountability of Sto. Tomas for the various court funds during the following periods listed as follows:
(a) failed to decide some 31 criminal cases and 66 civil cases despite the lapse of the reglementary period;14 (b) failed to resolve motions/incidents in some criminal and civil cases within the prescribed period;15 (c) failed to take further appropriate action on cases under preliminary investigation which offenses are cognizable by the Regional Trial Court (RTC) as well as by the MTC for an unreasonable length of time some of which have been pending for several years already;16 (d) failed to set for arraignment after the accused posted his bail bond for quite a long time;17 (e) failed to take initial action such as issuance of subpoenas and summonses;18 (f) failed to take action in several motions;19 (g) purportedly dismissed cases which actually are still going on trial and ordered the irregular withdrawals of cash bonds;20 (h) used the alleged amounts withdrawn to her personal use for the construction of her house and purchased a new Honda Civic car; (i) acted on undocketed and unsubscribed criminal complaints,21 and 76 unsubstantiated criminal complaints.22
B. Eugenio Sto. Tomas
(a) failed to transmit all the records of several criminal cases to the Office of the Provincial Prosecutor of Biñan, Laguna, despite the orders of Judge Galvez to forward the same;23 (b) failed to docket several criminal cases;24 (c) failed to take initial action such as issuances of summonses in Civil Cases Nos. 686, 487 and 291 since these cases were filed; (d) assigned cases with double/triple identical docket numbers and for collecting docket fees therefore;25 (e) issued temporary receipts for filing fees collected in criminal cases and in civil cases in violation of existing circulars and the rules and regulations on auditing manual;26 (f) participated in the double dismissal/issuance of fake orders of dismissal of cases and irregular withdrawal of cash bonds in criminal cases;27 (g) irregularities in the handling of the financial transactions of the court as well as shortages in its financial accountabilities.
c.1 Judiciary Development Fund -Based on these reports, an administrative complaint was filed by the OCA against Judge Galvez and Sto. Tomas docketed as A.M. No. MTJ-03-1472.
April 1985 to January 31, 1999 - P6,380.66
c.2 Judiciary Development Fund -
February 1999 to May 30, 2001 - P31,817.50
c.3 Clerk of Court General Fund -
November 1997 to January 31, 1999 - P1,207.50
c.4 Clerk of Court General Fund -
February 1999 to May 30, 2001 - P15,703.00
c.5 Clerk of Court Fiduciary Fund -
June 1997 to May 30, 2001 - P10,201.25
WHEREFORE, judgment is hereby rendered as follows:In the Court's Resolution32 dated April 28, 2009, the Court resolved, among others, to: (a) set aside the Resolution dated May 3, 2005 which ordered Teñido and Manlegro to submit the required complete and accurate Monthly Report of Cases corresponding to the months from October 2001 up to August 2004 and Docket Inventory Reports by semester for the years 2001, 2002 and 2003; it appearing the Judge Conrado L. Zumaraga had already submitted the same; and (b) impose upon Teñido and Manlegro a fine of P1,000.00 each for the undue delay in the submission of their respective explanation.
1.) Acting Presiding Judge Alden V. Cervantes of the MTC of Cabuyao, Laguna is found guilty of gross neglect of judicial duty, inefficiency in the performance of official functions and gross misconduct, and is hereby ordered to pay a FINE of one hundred thousand pesos (P100,000.00) to be deducted from his retirement benefits. 2.) The Resolution dated May 3, 2005 directing Judge Alden V. Cervantes to submit the required complete and accurate monthly reports of cases corresponding to the months from October 1, 2001 to August 2004, and docket inventory reports by semester for years 2001, 2002 and 2003, is SET ASIDE it appearing that Judge Conrado L. Zumaraga had already submitted the same.
SO ORDERED.31
Subsequently, on December 15, 2009, the Court resolved to consolidate these three administrative cases.39
- respondent Judge Zenaida L. Galvez, MTC, Cabuyao, Laguna, be found GUILTY of undue delay in rendering a decision or order and be FINED in the maximum amount of Twenty Thousand Pesos (P20,000.00) with a STERN WARNING that repetition of the same or similar acts in the future shall be dealt with more severely; and that the other charges against her be DISMISSED for insufficiency of evidence and lack of merit;
- respondent Clerk of Court Eugenio Sto. Tomas be found GUILTY of dishonesty and gross misconduct, and his retirement and all other benefits be ordered forfeited, except accrued leave credits, with prejudice to reemployment in any government agency, including government-owned and controlled corporations;
- respondent Eugenio Sto. Tomas be ORDERED to restitute within fifteen (15) days from receipt of this resolution the amount of P55,108.66 representing his shortage as follows: Judiciary Development Fund amounting to Thirty[-]Eight Thousand One Hundred Ninety[-]Eight and (P38,198.16) Pesos and Sixteen Centavos and Clerk of Court General Fund amounting to Sixteen Thousand Nine Hundred Ten pesos and Fifty Centavos (P16,910.50);
- the Employees Leave Division, Office of Administrative Services, OCA be DIRECTED to compute the balance of respondent Eugenio Sto. Tomas's earned leave credits and forward the same to the Finance Division, Financial Management Office-OCA which shall compute its monetary value. Whatever amount he may still be entitled to shall be applied as part of the restitution of the shortage;
- the Legal Office, OCA be DIRECTED to coordinate with the prosecution arm of the government to ensure the expeditious criminal prosecution of respondent Eugenio Sto. Tomas; and
- the Bureau of Immigration be DIRECTED to issue a hold-departure order against respondent Eugenio Sto. Tomas to prevent him from leaving the country.38
Clerks of Court perform a delicate function as designated custodians of the court's funds, revenues, records, properties, and premises. As such, they are generally regarded as treasurer, accountant, guard, and physical plant manager thereof. It is the duty of the Clerks of Court to faithfully perform their duties and responsibilities. They are the chief administrative officers of their respective courts. It is also their duty to ensure that the proper procedures are followed in the collection of cash bonds. Clerks of Court are officers of the law who perform vital functions in the prompt and sound administration of justice.As custodians of court funds and revenues, Clerks of Court have the duty to immediately deposit the various funds received by them to the authorized government depositories, for they are not supposed to keep funds in their custody. Such functions are highlighted by OCA Circular Nos. 50-9542 and 113-200443 and Administrative Circular No. 35-2004 which mandate Clerks of Court to timely deposit judiciary collections as well as to submit monthly financial reports on the same.44
| Very truly yours, |
(SGD) EDGAR O. ARICHETA | |
Clerk of Court |
Endnotes:
* Designated Acting Chief Justice per Special Order No. 2644 dated March 15, 2019.
1 Re: Withholding of Other Emoluments of the following Clerks of Court: Elsie C. Remoroza of the Municipal Trial Court (MTC) of Mauban, Quezon; Elena P. Reformado of the MTC of Guinayangan, Quezon; Eugenio Sto. Tomas of the MTC of Cabuyao, Laguna; Maura D. Campaño of the MTC of San Jose, Occidental Mindoro; Eleanor D. Flores of the Municipal Circuit Trial Court (MCTC) of Taytay, Palawan; and Jesusa P. Benipayo of the MCTC of Ligao, Albay, August 26, 2003, A.M. No. 01-4-133-MTC, pp. 1-2.
2 Section 122. Submission of reports. Whenever deemed necessary in the exigencies of the servicen the Commission may under regulations issued by it require the agency heads, chief accountants, budget officers, administrative or personnel officers, and other responsible officials of the various agencies to submit trial balances, physical inventory reports, current plantilla of personnel, and such other reports as may be necessary for the exercise of its functions.
(2) Failure on the part of the officials concerned to submit the documents and reports mentioned herein shall automatically cause the suspension of payment of their salaries until they shall have complied with the requirements of the Commission.
(3) No appropriation authorized in the General Appropriations Act shall be available to pay the salary of any official or employee who violates the provisions of this section, without prejudice to any disciplinary action that may be instituted against such official or employee.
3 Government Auditing Code of the Philippines.
4 Collection of Legal Fees and Submission of Monthly Report of Collections.
5Rollo (A.M. No. 01-4-133-MTC), pp. 6-7.
6 Id. at 9, Resolution dated August 7, 2001.
7Rollo (A.M. No. MTJ-01-1385), pp. 1-6.
8Rollo (A.M. No. 01-4-133-MTC), p. 52.
9 Id. at 254-255.
10Rollo (A.M. No. MTJ-01-1385), pp. 29-31.
11Rollo (A.M. No. 01-4-133-MTC), p. 275.
12Rollo (A.M. No. MTJ-03-1472), pp. 9-33.
13 Id. at 34-41.
14 In Criminal Case Nos. 5257, 5318, 4303 to 4311, 5075, 5276 to 5287, 5049, 4333, 4334, 5498, 4727, 5085 and 5338; and Civil Case Nos. 653 to 655, 648, 427, 413, 517, 718, 642 to 646, 634, 611, 539, 394, 481, 522, 747, 581, 489, 490, 514, 660, 662, 651, 665 and 631 including the following ejectment cases, to wit: Civil Case Nos. 712, 717, 711, 627, 628, 629, 530, 792, 760, 762, 765, 782, 785, 771, 772, 773, 774, 753, 332, 351, 354, 355, 392, 406, 482, 241, 249, 251, 421, 713, 714, 716, 710, 709, 708 and 666 which are governed by the rules on summary procedure.
15 In Criminal Case Nos. 6426, 6427 and 6428 (Motion to Quash), 4084 (Accused's Formal Offer of Exhibits), 4832 and 4923 (Complainant's Formal Offer of Evidence), 4597 (Motion For Reconsideration/Motion to Quash), 7006 (Motion for Reconsideration with Prayer to Lift Order of Arrest), 6113 (Motion to Admit Pre-Trial Order), 7378 (Motion to Withdraw Exhibits) and 7011 (Motion to Quash); and Civil Case Nos. 761 (Urgent Motion to Withdraw Complaint) and 714 (Motion for Reconsideration of Orders denying Motion to Dismiss).
16 In Case Nos. 3839, 6474, 6669, 6884, 6779, 5978, 5533, 6899, 7018, 6997, 3982, 7003, 6906, 7206, 6816, 6817, 6826, 6808, 6914, 6885, 6913, 5929, 5014, 7227, 7087, 7088, 7089, 7027, 7020, 6993, 6953, 6942, 7099, 7098, 6911, 6905, 6897, 6824, 6850, 6833, 7090, 7091, 6267, 6264, 6231, 4593, 6590, 6226, 6225, 6241, 6746, 4003, 6591, 4088, 4089, 5314, 5268, 4046, 6035, 6105, 5738, 6420, 6543, 6108, 6066, 6419, 6524, 6525, 6351, 6299, 6185, 6002, 7203, 7306, 6071, 6675, 6561, 6500, 6707, 6917, 6918, 4855, 6676, 6568, 6570, 6528, 7009, 7190, 6838, 7031, 7019, 6269, 5181, 5539, 5148, 4005, 4394 and 6641 (offenses cognizable by the RTC); and 4394, 5181, 5148, 5539, 6269, 6641 and 6737 (offenses cognizable by the MTC).
17 In Criminal Case Nos. 7055, 6984, 7210, 6985, 7224, 7008, 4708, 6823, 7142, 7444, 7445, 7398, 7195, 7196, 7239, 7499, 7523, 7249, 7248, 7284, 6852, 6833, 6899, 6939, 6242, 6710, 6728, 7149, 7197, 7199, 7207, 7209, 7219, 3581, 3923 and 6732 and in Criminal Case Nos. 6591, 6049, 6050, 6051, 6052 and 6953 where Judge Galvez had not acted on the Affidavit of Desistance filed by the private complainant.
18 In Criminal Case Nos. 7428, 5966, 4951, 4833, 6080, 5951, 5465, 7396, 7397, 6588, 4297, 6899, 6137, (Pp v. Alcantara, Less Serious Physical Injuries), 6137 (Pp. v. Orbina, Viol. of PD 1602), 6680, 6731 (Pp v. Galinao, Viol. of PD 1602), 6732, 6733 (Pp v. Hag, Viol. of PD 1602), 6733 (Pp v. Palmores, Viol. of PD 1602), 6734 (Pp v. Capuchino, Viol. of PD 1602), 6734 (Pp v. Mantis, Viol. of PD 1602), 6747, 6829, 6834, 6981 (Pp v. Bernardo, Serious Physical Injuries), 6981 (Pp v. Galang, Viol. of PD 1602), 6510, 6511, 7108, 7024 and 7032 and issuance of summonses in Civil Case Nos. 686, 487 and 291 since these cases were filed.
19 In Civil Case Nos. 610, 607, 542, 715, 458, 431, 412, 437 and 417.
20 In Criminal Case Nos. 3693, 4059, 4139 to 4141, 4150, 4279, 4479, 4597, 4708, 5611, 5689, 5624, 5723, 5852, 5957, 5945, 5946 and 5897.
21People v. Agapay (Violation of BP 22), People v. Rolando Reyes (Slight physical injuries), People v. Jun Encarnacion (attempted homicide), People v. Millie Cruz (Viol. of BP 22), and People v. Ires Camada (Viol. of BP 22)
22 In Criminal Case Nos. 7263, 6882, 6934 to 6937, 7393, 7137 to 7140, 7112, 6631 to 6634, 7216, 7173, 5180, 6364, 6771, 3972, 3981, 6348, 6671, 6349, 5936, 7500, 7398, 7438, 4059, 7489, 7379, 7218, 7105, 7106, 7383, 7384, 7390, 7497, 7235, 7114, 7277, 5629, 6742, 7450, 6925 to 6930, 5693 to 5703, 7186, 6411 to 6414, 7072 to 7074, 7258, 6893, 7406 to 7409, 7121, 7230, 7037, 7525, 6991, 5951, 5645, 7347, 7348, 7039, 7402, 6893, 7406, 6346 to 6347, 7495, 7405, 6925, 6926 and 6869 to 6878.
23 Criminal Case Nos. 5234, 5265, 6344, 5842, 6778, 6209, 6198, 6785, 5308, 6039, 6058, 5948, 5819, 6750, 6771, 6668, 4413, 6915, 6916, 6474, 5862, 5864, 6140, 6657, 6828, 6630, 6032 and 5253.
24People v. Marivic Agapay, People v. Rolando Reyes, People v. Jun Encarnacion, People v. Willy Cruz, and People v. Ires Camada.
25 Criminal Case Nos. 6733, (Alejandro Wagan), 6733 (Roberto Palmores), 6733 (Elnor Ilag), 6734.
26 Criminal Cases Nos. 7004, 7014 to 7017, 7036, 7037, 7131 to 7135, 7130, 7244 and in Civil Cases Nos. 692, 699, 702 and 708.
27 In Criminal Case Nos. 3693, 4059, 4139 to 4141, 4150, 4279, 4479, 4597, 4708, 5611, 56S9, 5624, 5723, 5852, 5957, 5945, 5946 and 5897.
28Rollo (A.M. No MTJ-03-1472), pp. 42-51.
29Rollo (A.M. No. MTJ-03-1472), pp. 74-75.
30Rollo (A.M. No. MTJ-03-1472), pp. 207-218.
31 Id. at 216-217.
32 Id. at 240-2.41.
33 Id. at 243-244.
34Rollo (A.M. No. P-17-3704), pp. 3-5.
35Rollo (A.M. No. MTJ-01-1385), pp. 64-104.
36Rollo (A.M. No. P-17-3704), pp. 88-92.
37Rollo (A.M. No. MTJ-01-1385), pp. 151-161.
38 Id. at 160-161.
39 Id. at 164.
40 Id. at 166.
41Re: Report on the Financial Audit Conducted at the Municipal Trial Court Baliuag, Bulacan, A.M. No. P-15-3298, February 4, 2015.
42 (4) All collections from bail bonds, rental deposits, and other fiduciary funds shall be deposited within twenty-four (24) hours by the Clerk of Court concerned, upon receipt thereof with the Land Bank of the Philippines.
43 The circular prescribes that all monthly reports of collections, deposits and withdrawals shall be submitted not later than the 10th day of each succeeding month to the Chief Accountant of the Supreme Court.
44Office of the Court Administrator v. Remedios R. Viesca, Clerk of Court II, Municipal Trial Court of San Antonio, Nueva Ecija, A.M. No. P-12-3092, April 14, 2015.
45 II. Procedural Guidelines
A. Judiciary Development Fund
x x x x
3. Systems and Procedures
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 off 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.
x x x x
Collections shall not be used for encashment of personal checks, salary checks, etc. x x x
x x x x
B. General Fund (GF)
(1.) Duty of the Clerks of Court, Officers-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.
46Office of the Court Administrator v. Atty. Mary Ann Paduganan-Penaranda and Ms. Jocelyn Mediante, A.M. No. P-07-2355, March 19, 2010.
47Office of the Court Administrator v. Nelia D.C. Recio, Eralyn S. Cavite, Ruth G. Cabigas and Chona Aurelia R. Reniedo, A.M. No. P-04-1813, May 31, 2011.
48Office of the Court Administrator v. Librada Puno, Cash Clerk III, A.M. No. P-03-1748 (Formerly A.M. No. 03-8-472-RTC), September 22, 2008.
49Office of the Court Administrator v. Clerk of Court Ermelina C. Bernardino et al., A.M. No. P- 97-1258, January 31, 2005.
50 Supra note 43.