EN BANC

[A.M. No. P-12-3091. January 4, 2022.]

[Formerly OCA IPI No. 10-3426-P]

CLERK OF COURT YVONNE Q. RIVERA, complainant , vs. REX J.

GEROCHE, Cash Clerk III, Municipal Trial Court in Cities,
Kabankalan City, Negros Occidental, respondent.

DECISION

PER CURIAM : p

Court personnel who fail to safeguard court funds and collections,

either through their willful conduct or negligence, shall be held accountable.
The Constitution mandates that a public office is a public trust and that
all public officers must be accountable to the people and must serve them
with responsibility, integrity, loyalty, and efficiency. The demand for moral
uprightness is more pronounced for members and personnel of the Judiciary
who are involved in the dispensation of justice. As frontliners in the
administration of justice, court personnel should live up to the strictest
standards of honesty and integrity in the public service and, in this light, are
always expected to act in a manner free from reproach. Thus, any conduct,
act, or omission that may diminish the people's faith in the Judiciary should
not be tolerated. 1
This administrative case stemmed from the Complaint-Affidavit 2 filed
before the Office of the Court Administrator (OCA) on June 28, 2010, by
Yvonne Q. Rivera (complainant), Clerk of Court IV, Municipal Trial Court in
Cities (MTCC), Kabankalan City, Negros Occidental, against Rex J. Geroche
(respondent), Cash Clerk III of the same MTCC, for malversation, falsification
of documents, and gross dishonesty committed in the performance of his
duties.
In the complaint-affidavit, complainant alleged that respondent was
appointed to his position on December 15, 2006. His duties included the
issuance of official receipts, deposit of collections, deposit and withdrawal of
cash bonds, maintenance of books of accounts, and preparation and
transmittal of monthly reports concerning the Judiciary Development Fund
(JDF), Legal Research Fund (LRF), and Fiduciary Fund (FF). According to
complainant, respondent competently performed his duties during the first
few years of his service, and the audits conducted found the transactions in
the books of accounts to be in order. CAIHTE

However, in February 2010, respondent stopped reporting for work

after being instructed by complainant to submit the reports for the JDF,
Special Allowance for the Judiciary (SAJ), Mediation Fund, LRF, and FF to the
State Auditor, who had requested said reports for verification. Complainant
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 examined respondent's files, and found out that reports and documents were
missing, including those for submission to the Chief Accountant of the Court
which she had already signed.
On March 8, 2010, the State Auditor conducted an audit, but the
reconciliation of records proved impossible due to the missing documents
which respondent had custody of. The Presiding Judge of the MTCC,
Cyclamen J. Fernandez (Judge Fernandez), issued two (2) memos
consecutively, ordering respondent to report for work and to explain why he
was not able to do so, which respondent both disregarded. Later, respondent
presented himself and admitted to complainant and the Presiding Judge that
he had misappropriated office funds.
Sometime thereafter, complainant received a letter from the Court
directing her to explain the failure to submit monthly reports for the JDF, SAJ,
FF, and General Fund from August 2009 to June 2010. Complainant was
surprised to receive such letter considering that she had already signed the
reports and believed that these had already been transmitted to Manila, as
respondent had even showed her the receipts for their transmittal. When
complainant confronted respondent, the latter explained that the failure to
transmit the reports were due to inadvertence. However, upon further
investigation, complainant discovered that the collections covered by the
reports were actually not deposited. After several demands by complainant,
respondent turned over the savings account passbook of the MTCC. An
examination of the passbook revealed irregularities in the deposits and
withdrawals, which led complainant to write a letter to the Land Bank of the
Philippines (LBP) to inform them of the fraudulent transactions. Complainant
also reported the incident to the Philippine National Police. The LBP launched
an investigation on the matter. 3
The OCA directed respondent to comment on the complaint, but
instead of filing his comment, respondent informed the OCA that he had
already resigned effective August 23, 2010, and that he would no longer
submit a comment. 4
On September 3, 2012, the OCA submitted its report recommending
respondent's dismissal from the service with forfeiture of all retirement
benefits except accrued leave credits for gross dishonesty. 5
On February 20, 2013, the Court directed the OCA to conduct a
financial audit of the books of accounts of complainant and to withhold all
cash benefits due her, pending financial audit. The Court found both
complainant and respondent remiss in their duty to remit collections within
the prescribed period, given that complainant was responsible for
monitoring the MTCC's financial transactions and ensuring that respondent
properly performed his functions. 6
On June 1, 2016, the Court, acting on the Financial Audit Report 7 by
the OCA on the books of accounts of complainant wherein she was found to
have failed to "exercise close supervision" over respondent, directed
complainant to explain why the FF withdrawals amounting to P784,477.00
were not supported by documents and why there was failure to deposit
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 collections amounting to P76,690.60. Complainant was also directed to
submit the missing supporting documents for the withdrawals and to
restitute and deposit the amount of P76,690.60 8 to the respective
depositories to settle undeposited collections. The Court also consolidated
the initial audit findings of the OCA with this administrative matter, and
directed Judge Fernandez to issue an order for the withdrawal of the STF
collections and to open a new account for the STF pursuant to OCA Circular
No. 99-2014 9 dated July 31, 2014, using the withdrawn amount. 10
After the submission of respective compliances by both complainant
and Judge Fernandez, the Court referred the matter to the OCA for
evaluation, report, and recommendation on September 19, 2016. 11 DETACa

Meanwhile, complainant compulsorily retired on November 29, 2016. 12

On August 24, 2020, complainant filed a motion for the early resolution of
the administrative matter, praying that judgment be rendered absolving her
of any liability so she could process the release of her retirement benefits.
She also alleged that upon learning of the remaining undocumented
withdrawals of respondent, she immediately made deposits in the total
amount of P263,650.00 for the purpose of having her retirement benefits
processed and her administrative liability cleared, and for not having to
admit "any irregularity on her part." Complainant also manifested that she
would personally "go after respondent" for all the payments she made due to
respondent's misappropriation and for the immense inconvenience it had
caused her. 13
On October 16, 2020, the OCA reported to the Court that: 14
In her letter dated [August 3,] 2016, [complainant] submitted
her compliance stating that: (a) the supporting documents, order
authorizing withdrawal, Cash Voucher, Monthly Report and
Withdrawal Slips for the Fiduciary withdrawals amounting to
PHP[606,327.00] were already submitted to the Fiscal Monitoring
Division (FMD), Court Management Office (CMO), OCA; (b) the FF
withdrawals amounting to PHP178,150.00 have incomplete or no
supporting documents and that some unauthorized withdrawals were
made by respondent x x x by forging her signature and that of then
Presiding Judge Fernandez; (c) the amount of the PHP76,690.60 was
deposited to the FF, JDF[,] and GF accounts of the court, however, the
PHP6,600.00 for the STF was deposited to the FF account considering
that Acting Presiding Judge Dialinda S. Dominguez did not sign the
Application for the Opening of the STF account because it was Judge
Fernandez who was directed by the Court; and (d) she cannot comply
with the directive to open an account for the STF collections and to
transfer the STF collections which were deposited in the FF as this
directive was addressed to Judge Fernandez and she therefore prayed
for the issuance of an order directing Acting Presiding Judge
Dominguez to comply with the Court's directive.
On the other hand, Judge Fernandez, in her letter dated [July
26,] 2016, informed the Court that she [had] been appointed to
Branch 63, [Regional Trial Court of] La Carlota City, Negros
Occidental, and therefore cannot comply with the [June 1,] 2016
Resolution to issue an Order for the withdrawal of the STF collections
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 deposited with the FF and to open an account for the STF pursuant to
OCA Circular No. 49-2014 dated [July 13,] 2014.
xxx xxx xxx
A review of the documents shows that respondent x x x, who
was in charge of the collections and deposits of the judiciary funds,
incurred the following shortages which were restituted by
[complainant]:

Type of Fund Amount Date

Deposited

Fiduciary Fund PHP263,650.00 08/21/2020

Fiduciary Fund 58,043.00 07/29/2016

Sheriff's Trust 6,600.00 08/01/2016

Fund

Judiciary Dev. 8,150.60 07/29/2016

Fund

General Fund 3,897.00 08/01/2016

–––––––––––––

Total PHP340,340.00

============

The OCA reiterated its initial finding that respondent's actions placed
his honesty and integrity in serious doubt and that his resignation did not
render the administrative case moot and academic. 15
As to complainant, the OCA observed that although she had no
participation in the unauthorized withdrawals of the MTCC's funds, she was
remiss in the discharge of her functions as Clerk of Court when she failed to
closely supervise the financial transactions of the court and to personally
monitor the collection of fees, the safekeeping of the collections, the proper
recording of the transactions in the corresponding book of accounts, and the
submission of the monthly financial reports. The OCA further remarked that
had complainant been more assiduous in the discharge of her duties, the
missing funds could have been discovered sooner or altogether prevented.
As such, the OCA found complainant guilty of simple neglect of duty and
recommended the penalty of fine in the amount of P10,000.00, in lieu of
suspension, after considering that she had not been charged of any offense
in her 30 years of service and, further, since the shortages had already been
restituted. 16 aDSIHc

On the failure to withdraw the STF collections and to open a new

account for the same due to Judge Fernandez's appointment to a different
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 court, the OCA recommended the issuance of a directive to current Presiding
Judge Jose A. Lopez of the MTCC, Kabankalan City, Negros Occidental, to
issue an order to facilitate its processing. 17
The Court notes that respondent opted not to file a comment to the
charges against him. Given that respondent has waived his right to defend
himself, the Court shall resolve the matter on the basis of the facts and
circumstances set forth in the records. 18
Ruling of the Court
The Court is in accord with the findings and recommendations of the
OCA as regards complainant, and also finds respondent guilty of grave
misconduct pursuant to prevailing jurisprudence.
Both respondent and complainant
are administratively liable for the
missing court funds.
The Court has always reminded clerks of courts, cash clerks, and all
court personnel entrusted with the collections of court funds, to deposit
immediately with authorized government depositories the various funds they
have collected because they are not authorized to keep them in their
custody. The failure to deposit these judiciary collections on time deprives
the court of the interest that may be earned if the amounts were deposited
in a bank. The unwarranted failure to fulfill these responsibilities deserves
administrative sanction and not even the full payment of the collection
shortages will exempt the accountable officer from liability. 19
In here, both respondent and complainant, in their capacities as cash
clerk and clerk of court, respectively, had been remiss in their duties in
handling and securing the funds of the MTCC of Kabankalan, Negros
Occidental.
A. Respondent is guilty of
serious dishonesty and
grave misconduct.
The Court has regarded the misappropriation of judicial funds not only
as a form of dishonesty, but also of grave misconduct. 20 Dishonesty is
defined as: the disposition to lie, cheat, deceive or defraud;
untrustworthiness; lack of integrity; lack of honesty, probity or integrity in
principle; lack of fairness and straightforwardness; disposition to defraud,
deceive or betray. 21 It is a malevolent conduct that has no place in the
judiciary. 22 On the other hand, misconduct refers to a transgression of some
established and definite rule of action, more particularly, unlawful behavior
or gross negligence by a public officer. The misconduct is grave if it is
accompanied by the elements of corruption, clear intent to violate the law,
or flagrant disregard of established rule. 23
Based on the preceding legal precepts, respondent's acts constituted
serious dishonesty and grave misconduct. Respondent's dishonest ways
were manifested by his failure to deposit the MTCC's collections and to
transmit the monthly reports to the Court 24 and, worse, by misrepresenting
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 that the same had been deposited to the appropriate accounts. He even
prepared the corresponding reports for these transactions to cover up his
mishandling of the funds.
He likewise admitted to have misappropriated the said funds when
confronted by complainant and Judge Fernandez, 25 and had opted not to file
a comment to the complaint in view of his resignation. 26 Such admission
notwithstanding, his mere failure to account for and explain the
discrepancies in the reports and the missing funds, already gave rise to the
presumption that he had misappropriated the funds for personal use. Based
on his overall conduct, respondent is liable for grave misconduct, dishonesty,
and malversation. 27 ETHIDa

As a cash clerk, respondent is an accountable officer entrusted with the

delicate task of collecting money for the court. This proprietary function
imbues his position with trust and confidence. His acts of misappropriation
clearly betrayed his integrity, and much more evinced his disposition to
defraud the court. 28
B. Complainant is liable
for simple neglect of duty.
Anent the liability of complainant, it must be emphasized that clerks of
court are primarily accountable for all funds that are collected for the court,
whether personally received by them or by a duly appointed cashier who is
under their supervision and control. 29 Complainant, therefore, had the
primary duty to ensure that respondent performed his duties and
responsibilities in accordance with the circulars on deposits and collections
so that all court funds were properly accounted for. 30 As the custodian of
court funds, revenues, records, properties and premises, she is liable for any
loss, shortage, destruction, or impairment of said funds and properties. 31
A clerk of court found short of money accountabilities may be
dismissed from the service on the ground of gross neglect of duty, among
others. 32 As such, the Court will not hesitate to impose the ultimate penalty
of dismissal for even the slightest breach of duty by, and the slightest
irregularity in the conduct of, officers and employees, if so warranted. 33 In
other instances, the Court had only found the clerk of court liable for simple
neglect of duty for failing to supervise and properly manage the financial
transactions of the court. 34 Verily, the Court has the discretion to take into
account the attendant circumstances in determining the extent of the clerk
of court's administrative liability in connection with the duty to handle the
court's funds.
In here, respondent may only be liable for simple neglect of duty on
account of her failure to give attention to a task, or in the disregard of a duty
due to carelessness or indifference. 35 Apparent from the records,
complainant had been remiss in performing her functions when she failed to
closely supervise respondent in the management of the MTCC's funds, thus
resulting in the failure to submit the financial reports on time and the
misappropriation of the funds by respondent. 36 As the primary accountable
officer of the MTCC, she should have verified with accuracy the proper
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 recording of the financial transactions and should not have solely relied on
respondent's representations.
Proper Penalties
In imposing the appropriate penalties against respondent and
complainant, the Court takes into account the recent amendments to, and
the application of, Rule 140 of the Rules of Court regarding disciplinary
proceedings of lower court personnel.
On October 2, 2018, the Court issued A.M. No. 18-01-05-SC creating
the Judicial Integrity Board (JIB) and the Corruption Prevention and
Investigation Office (CPIO). In strengthening the powers and authority of the
JIB, the Court expanded the coverage of Rule 140, to include not only the
discipline of judges of regular courts and justices of the Court of Appeals and
the Sandiganbayan, but also administrative complaints against justices of
the Court of Tax Appeals, as well as the personnel of the lower courts and
other offices in the Supreme Court. 37
Consequently, the Court amended A.M. No. 18-01-05-SC on July 7,
2020, and further enlarged the scope of Rule 140 to include disciplinary
proceedings against officials and employees of the Judiciary, 38 among
others. In the same amendment, violations of the Code of Conduct for Court
Personnel and the offenses under Civil Service Laws and Rules, were
integrated into Sections 22, 23, and 24 and were properly classified as either
Serious, Less Serious, or Light Charges. The incorporation of the offenses
under Civil Service Laws and Rules finds significance in the present case
because the offense of simple neglect of duty, which is classified as a less
grave offense under Civil Service rules, is now treated as a less serious
charge under Sec. 23 of Rule 140. cSEDTC

The Court made recent amendments again to Rule 140 when, on

March 16, 2021, it increased the fines provided under Sec. 25,
commensurate to the prevailing salaries of judges and personnel of the
Judiciary. 39 Thus, Sec. 25 now provides for the following penalties:
Sec. 25. Sanctions. —
A. If the respondent is guilty of a serious charge, any of the
following sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or part of the
benefits as the Court may determine, and disqualification
from reinstatement or appointment to any public office,
including government-owned or controlled corporations.
Provided, however, that the forfeiture of benefits shall in no
case include accrued leave credit;
2. Suspension from office without salary and other benefits
for more than three (3) but not exceeding six (6) months;
or
3. A fine of more than P100,000.00 but not exceeding
P200,000.00.
B. If the respondent is guilty of a less serious charge, any of the
following sanctions shall be imposed:
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 1. Suspension from office without salary and other benefits
for not less than one (1) month nor more than three (3)
months; or
2. A fine of not less than P35,000.00 but not exceeding
P100,000.00.
C. If the respondent is guilty of a light charge, any of the following
sanctions shall be imposed:
1. A fine of not less than P1,000.00 but not exceeding
P35,000.00; and/or
2. Censure;
3. Reprimand;
4. Admonition with warning. (emphases in the original)
Prior to increasing the fines under Sec. 25, the Court laid down the rule
i n Dela Rama v. De Leon 40 that, since the amended Rule 140 is the
prevailing rule, it shall be uniformly applied in administrative cases involving
Judiciary personnel, unless its retroactive application will not be favorable to
the employee. This rule was also observed in the succeeding cases of Flores
v. Hipolito , 41 Brasales v. Borja, 42 OCA v. Lazaro, 43 and Rodil v. Posadas , 44
among others.
A. The penalty to be imposed
against respondent is based
on the URACCS; a claim of
resignation will not prevent
the imposition of appropriate
penalty.
As previously discussed, respondent is guilty of two (2) offenses,
namely, serious dishonesty and grave misconduct. Under the amended Rule
140, both offenses are classified as serious charges, with the following
penalties: dismissal from the service with forfeiture of benefits as the Court
may determine, and disqualification from reinstatement or appointment to
any public office, including government-owned or controlled corporations;
suspension from office without salary and other benefits for more than three
(3) but not exceeding six (6) months; or a fine of more than P100,000.00 but
not exceeding P200,000.00. 45
On the other hand, the Uniform Rules on Administrative Cases in the
Civil Service (URACCS), 46 which is the applicable rule at the time respondent
committed the offenses, classifies dishonesty and grave misconduct as
grave offenses punishable by dismissal from the service at the first instance,
with cancellation of eligibility, forfeiture of retirement benefits,
disqualification for reinstatement or reemployment, disqualification for
promotion, and bar from taking civil service examinations. 47 SDAaTC

At this juncture, reference shall be made to Flores v. Hipolito, 48

wherein the Court explained that in case of multiple offenses under the
amended Rule 140, separate penalties shall be imposed against the errant
court personnel following the ruling in Boston Finance and Investment Corp.
v. Gonzalez. 49 However, instead of applying Rule 140, the Court referred to
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 the URACCS in penalizing the errant court employee, because the URACCS
only considers the most serious offense in prescribing the penalty, while the
other offenses shall be treated as aggravating circumstances, 50 viz.:
If the Court applies Rule 140 to the present case, Flores would
be charged and penalized with two separate offenses in line with the
ruling in Boston Finance and Investment Corp. v. Gonzalez , where the
Court held that in administrative cases under Rule 140, separate
penalties shall be imposed for every offense. In contrast, only the
penalty for the most serious charge shall be imposed if the URACCS is
to be applied, thus:
SECTION 55. Penalty for the Most Serious Offense . —
If the respondent is found guilty of two or more charges or
counts, the penalty to be imposed should be that
corresponding to the most serious charge or count and
the rest shall be considered as aggravating
circumstances.
Considering that the penalty under the URACCS is more
favorable to Flores, the Court deems it best to apply the said rule and
hold Flores guilty of grave misconduct, which is the more serious
offense, aggravated by insubordination. Since this is not Flores' first
administrative infraction — the first being an administrative
complaint where she was found guilty of serious dishonesty and was
suspended instead of being dismissed — the penalty of dismissal in
the present case is more than proper.
Similar with Flores, the application of Rule 140 will be more prejudicial
to herein respondent as he will be meted with separate penalties for the two
administrative offenses. Accordingly, for his dishonesty and serious
misconduct, respondent shall suffer the penalty of dismissal with the
corresponding accessory penalties under the URACCS.
The Court is aware that respondent submitted his resignation letter to
the OCA immediately after the institution of the complaint against him. The
records further show that his resignation remained unacted upon due to the
present administrative matter. 51 Despite submitting his resignation, the
Court still deems it proper to impose the penalty of dismissal against him. It
bears emphasis that the precipitate resignation of a government employee
shall not render moot the administrative case against him, and will not
preclude the finding of any administrative liability to which he shall be
answerable. 52 In several cases, 53 the Court still meted the penalty of
dismissal from the service against a court employee when the latter's
resignation was filed during a pending administrative complaint, and
remained unacted upon. Verily, resignation "is not a way out for a court
personnel who is facing administrative sanction to evade administrative
liability." 54
Moreover, in the fairly recent case of OCA v. Bravo, 55 the Court agreed
with the OCA's observation that the employee's resignation was made to
preserve an opportunity for re-employment in the Judiciary. However, this
scheme, designed to evade the consequences of the offenses he committed,
should not be allowed to prosper. Resignation should not be used as a
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 device to circumvent administrative liability.
In view of the rules discussed above and with the intention of having a
uniform imposition of penalties against judiciary personnel, the Court holds
that dismissal from the service is the appropriate penalty that should be
meted against respondent. The accessory penalties attached to dismissal,
especially that of perpetual disqualification from government service,
fittingly applies to respondent, in order to deny him the opportunity to
commit any similar misbehavior to the prejudice of public service.
In line with this pronouncement, the Court resolves to enjoin the heads
of offices to withhold any action on resignations pending the resolution of
administrative complaints against their respective personnel. This includes
the period of investigation, i.e., judicial audits, among other similar
administrative proceedings, prior to the filing of the appropriate complaint.
More importantly, the OCA and the JIB, as the case may be, are likewise
enjoined to indicate the fact of the involved personnel's resignation, if there
be any, and its status in their reports. This action will facilitate the
standardization of the procedure in disciplining judiciary personnel and the
imposition of appropriate penalties. acEHCD

B. The penalty of fine

against complainant is
based on Rule 140.
Simple neglect of duty under Rule 140 is classified as a less serious
charge punishable with suspension from office without salary and other
benefits for not less than one (1) month nor more than three (3) months, or
a fine of not less than P35,000.00 but not exceeding P100,000.00. Under the
URACCS, it is categorized as a less grave offense, punishable for a period of
one (1) month and one (1) day to six (6) months on the first offense, and
dismissal on the second offense. 56
In previous cases, the Court imposed fines on erring court employees
when the penalty of dismissal can no longer be imposed due to the latter's
retirement or separation from the service. 57 In view of complainant's
compulsory retirement, a fine will be the appropriate penalty.
In fixing the amount of fine that shall be meted against complainant,
the Court takes into consideration the recent case of Quitlong v. Padlan 58
which involved a court employee who was found liable for simple neglect of
duty. In deciding which between Rule 140 and the URACCS will be applied,
the Court held that the fine prescribed under Rule 140 will not prejudice the
complainant, thus:
The 1999 URACCS states that: "the penalty of fine shall be in an
amount not exceeding six (6) months salary of respondent and the
computation thereof shall be based on the salary rate of the
respondent when the decision becomes final and executory." On the
other hand, the amount of fine prescribed under Rule 140, as
amended by A.M. No. 21-03-17-SC for a less grave offense under Civil
Service Rules such as simple neglect of duty should not be less than
P35,000.00 but not exceeding P100,000.00.
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 Notably, respondent occupies the position of Clerk of Court II
with Salary Grade 18. For Salary Step 1 alone under SG 18, the Basic
Monthly Salary is already at P43,681.00. Verily, therefore, Rule 140
should apply to respondent as it would be less prejudicial to him. 59
Similarly, the Court will impose the fine against complainant based on
Rule 140, as amended. Complainant had occupied the position of Clerk of
Court IV with a Salary Grade of 23. At the time of her retirement in 2016, the
basic salary for SG 23 Step 1 was at P51,826.00. Clearly, the fine that may
be imposed against complainant based on Rule 140 will be lower than the
equivalent monetary value of one (1) month and one (1) day suspension
under the URACCS. However, the Court may still exercise its sound
discretion 60 and consider attendant circumstances in fixing the amount of
fine that complainant will be ordered to pay.
In previous cases, the Court imposed a P10,000.00 fine against court
personnel found liable for simple neglect of duty as an alternative penalty to
suspension. 61 The Court also takes into consideration the fact that
complainant had immediately filed the present administrative complaint
upon discovering respondent's infractions, and had willingly complied with
the Court's directives related to this matter. Thus, a fine of P10,000.00
against complainant, as recommended by the OCA, will be appropriate and
likewise commensurate to the clean record that she had in her 30 years of
service. 62
Indeed, the safeguarding of funds and collections, the submission to
this Court of a monthly report of collections for all funds, and the proper
issuance of official receipts for collections are essential to an orderly
administration of justice. We emphasize that all court employees must
adhere to high ethical standards to preserve the court's good name and
standing. They should be examples of responsibility, competence and
efficiency, and they must discharge their duties with due care and utmost
diligence since they are officers of the court and agents of the law. They
must bear in mind that the image of a court of justice is necessarily mirrored
in the conduct, official or otherwise, of the men and women who work there.
63 SDHTEC

WHEREFORE, the Court finds respondent Rex J. Geroche, former Cash

Clerk III, Municipal Trial Court in Cities, Kabankalan City, Negros Occidental,
GUILTY of Serious Dishonesty and Grave Misconduct. He is hereby
DISMISSED from the service, with forfeiture of retirement benefits,
cancellation of eligibility, perpetual disqualification from holding public
office, and barred from taking civil service examinations. The monetary
value of his earned leave credits, withheld salaries, bonuses and allowances,
if any, shall be applied to the total amount of his shortages paid by Yvonne
Q. Rivera, former Clerk of Court IV, Municipal Trial Court in Cities,
Kabankalan City, Negros Occidental, which is P340,340.00. Let a Hold
Departure Order be ISSUED against respondent Geroche.
Yvonne Q. Rivera, former Clerk of Court IV, Municipal Trial Court in
Cities, Kabankalan City, Negros Occidental, is found GUILTY of Simple
Neglect of Duty and is hereby FINED in the amount of P10,000.00 to be paid
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 to the Court within 30 days from notice. She is cleared from her financial
accountabilities considering that all the shortages incurred in the handling of
the judiciary funds as far as the subject court is concerned have been fully
restituted, subject to the condition of the General Auditing Office General
Circular No. 52, dated December 23, 1957, that "if later on an official or
employee who had been cleared is later discovered still accountable for cash
and/or property, the clearance thus previously issued shall not relieve
him/her of said accountability." In the light of this pronouncement, she is
now ALLOWED to process her retirement papers.
The Clerk of Court of the Municipal Trial Court in Cities, Kabankalan
City, Negros Occidental, is hereby DIRECTED to: REFUND complainant
Rivera the amount of P263,650.00, representing the amount she paid for the
undocumented withdrawals if the same be later found to have been returned
to their claimants/bondsmen; OPEN an account for the Sheriff's Trust Fund
collections of the Municipal Trial Court in Cities, Kabankalan City, Negros
Occidental in consonance with OCA Circular No. 99-2014 dated July 31, 2014;
a n d WITHDRAW the Sheriff's Trust Fund collections deposited to the
Fiduciary Fund LBP SA No. 1171-0001-53 and TRANSFER them to the
account to be opened for the Sheriff's Trust Fund.
The Presiding Judge of the Municipal Trial Court in Cities, Kabankalan
City, Negros Occidental, is AUTHORIZED to withdraw the Sheriffs Trust Fund
pursuant to OCA Circular No. 99-2014 dated July 31, 2014, and is further
DIRECTED to MONITOR all financial transactions of the court in strict
adherence to the issuances of this Court on the proper handling of all
Judiciary funds.
The Office of Administrative Services, Office of the Court Administrator,
i s DIRECTED to: COMPUTE the balance of earned leave credits of
respondent Geroche within thirty (30) days upon receipt of notice; and
FORWARD the same to the Finance Division, Financial Management Office,
Office of the Court Administrator, together with his Certificate of Leave
Credits, Computerized Service Record, Notice of Salary Adjustment, and
Notice of Step Increment.
The Finance Division, Financial Management Office, Office of the Court
Administrator, is DIRECTED to: COMPUTE the monetary value of the earned
leave credits and unpaid salaries and bonuses, if any, of respondent Geroche
within 30 days upon receipt of all the documents required from the Office of
Administrative Services; APPLY the proceeds to the cash accountabilities
incurred by respondent Geroche in the Fiduciary Fund of the Municipal Trial
Court in Cities, Kabankalan City, Negros Occidental, amounting to
P321,693.00; FORWARD the check to the Fiscal Monitoring Division, Court
Management Office, Office of the Court Administrator, for transmittal to the
Municipal Trial Court in Cities, Kabankalan City, Negros Occidental. In the
event that the said proceeds are insufficient to cover cash accountabilities,
respondent Geroche is ORDERED to RESTITUTE the remaining balance
within 30 days upon receipt of notice. AScHCD

The Legal Office, Office of the Court Administrator, is hereby

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 DIRECTED to FILE the appropriate criminal and civil actions against
respondent Geroche.
SO ORDERED.
Gesmundo, C.J., Perlas-Bernabe, Leonen, Caguioa, Hernando,
Carandang, Lazaro-Javier, Inting, Zalameda, M.V. Lopez, Gaerlan, Rosario,
J.Y. Lopez and Dimaampao, JJ., concur.
Marquez, * J., took no part. Submitted OCA Report.

Footnotes
* No part.

1. Office of the Court Administrator v. Dequito, 799 Phil. 607, 620 (2016); citations
omitted.
2. Rollo , pp. 1-4.

3. Id. at 25-28.

4. Id. at 28.
5. Id. at 17-22.

6. Id. at 28-29.
7. Id. at 31-34.

8. Id. at 33; the undeposited collections are: P58,043.00 for the Fiduciary Fund;
P6,600.00 for the Sheriff's Trust Fund; P8,150.60 for the Judiciary
Development Fund; and P3,897.00 for the General Fund (Old).
9. Reduction of Initial/Opening Deposit Balance and Maintaining of Regular Savings
Account from P10,000.00 to P1,000.00 for the Fiduciary and Sheriff's Trust
Fund Accounts; Waiver of Certification Fee on Bank Balances; and Waiver of
Fee on Requests for Snapshots and Re-Printing of Bank Statements.
10. Id. at 122-124.

11. Id. at 136.

12. Id. at 140.

13. Id. at 140-141.

14. Id.
15. Id. at 141, citing Pagano v. Nazarro, Jr., 560 Phil. 96, 105 (2007).

16. Id. at 142-143.

17. Id. at 143.

18. See Office of the Court Administrator v. Atty. Dureza-Aldevera, 534 Phil. 102,
134 (2006); see Office of the Court Administrator v. Espineda, 614 Phil. 359,
373 (2009); and Office of the Court Administrator v. Laya, 550 Phil. 432, 444
(2007).
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 19. Office of the Court Administrator v. Judge Buyucan, 813 Phil. 519, 540 (2017).

20. Office of the Court Administrator v. Dequito, supra note 1, at 616-617 (2016).
21. Id. at 615.

22. Office of the Court Administrator v. Puno, 587 Phil. 549, 556 (2008).
23. Office of the Court Administrator v. Dequito, supra note 1, at 617.

24. Rollo , p. 141.

25. Id. at 27.

26. Id. at 12.

27. See Office of the Court Administrator v. Villanueva, 630 Phil. 248, 257 (2010).
28. Office of the Court Administrator v. Dequito, supra note 1, at 615-616.

29. Office of the Court Administrator v. Villanueva, supra note 27.

30. Office of the Court Administrator v. Atty. Dureza-Aldevera, supra note 18, at
132.
31. Office of the Court Administrator v. Villanueva, supra note 27.

32. Id.
33. See Re: Administrative Case for Dishonesty Against Elizabeth Ting and Angelita
C. Esmerio, 502 Phil. 264, 277 (2005).
34. See Office of the Court Administrator v. Atty. Buencamino, 725 Phil. 110, 121
(2014) and Report on the Financial Audit Conducted on the Books of Account
of Dy and Atty. Cuanico, Jr., RTC Catarman, Northern Samar, 655 Phil. 367,
380 (2011).

35. Jomadiao v. Pastor, G.R. No. 230322, February 19, 2020; Re: Report on the
Financial Audit Conducted at the Municipal Trial Court in Cities, Cebu City,
A.M. No. P-17-3746, August 28, 2019, 915 SCRA 241, 252; Office of the Court
Administrator v. Inmenzo, 832 Phil. 143, 150 (2018).
36. See Office of the Court Administrator v. Dequito, supra note 1, at 619.

37. A.M. No. 18-01-05-SC (October 2, 2018).

38. Section 1, Rule 140.

39. A.M. No. 21-03-17-SC (March 16, 2021).

40. A.M. No. P-14-3240 (Formerly OCA IPI No. 12-3835-P), March 2, 2021.
41. A.M. No. OCA IPI No. 10-3450-P, approved by the Court on May 11, 2021.

42. A.M. No. P-21-024 (Formerly OCA IPI No. 18-4815-P), June 16, 2021.
43. A.M. No. P-21-020 (Formerly A.M. No. 20-01-09-MeTC), June 21, 2021.

44. A.M. No. CA-20-36-P, August 3, 2021.

45. Sec. 25 (A) (3), Rule 140, as amended by A.M. No. 21-03-17-SC.
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 46. CSC Resolution No. 991936, September 14, 1999.

47. Secs. 52 (A) and 57, CSC Resolution No. 991936, September 14, 1999.

48. Supra note 41.

49. A.M. No. RTJ-18-2520, October 9, 2018, 883 SCRA 17.

50. Sec. 55, CSC Resolution No. 991936, September 14, 1999.
51. Rollo , p. 21.

52. See Judaya v. Balbona, 810 Phil. 375, 380 (2017), citing Pagano v. Nazarro, Jr.,
supra note 15.
53. See the cases of Dizon v. Bawalan, 453 Phil. 125 (2003); Faelden v. Lagura,
561 Phil. 368 (2007); and Office of the Court Administrator v. Bravo, 827 Phil.
673 (2018).

54. Faelden v. Lagura, supra, at 374-375, citing Re: (1) Lost Checks Issued to the
Late Melliza, Former Clerk II, MCTC, Zaragga, Iloilo; and (2) Dropping from
the Rolls of Ms. Andres, 537 Phil. 634, 646 (2006).
55. Supra note 53.

56. Sec. 52 (B) (1), CSC Resolution No. 991936, September 14, 1999.
57. See Office of the Court Administrator v. Salunoy, A.M. No. P-07-2354 [Formerly
A.M. No. 07-5-140-MTC], February 4, 2020; Re: Non-Submission of Monthly
Financial Reports of Ms. Erlinda P. Patiag, Clerk of Court, Municipal Trial Court
in Cities, Gapan City, Nueva Ecija, A.M. No. 11-6-60-MTCC, June 18, 2019;
and Office of the Court Administrator v. Judge Chavez, 815 Phil. 41, 48
(2017).
58. A.M. No. P-14-3185 (Formerly OCA IPI No. 11-3740-P), June 16, 2021.

59. Id.
60. See Dela Rama v. De Leon, supra note 40; see also Re: Non-Submission of
Monthly Financial Reports of Ms. Erlinda P. Patiag, Clerk of Court, Municipal
Trial Court in Cities, Gapan City, Nueva Ecija, supra note 57.
61. See Olympia-Geronilla v. Montemayor, Jr., 810 Phil. 1, 11 (2017); Mendoza v.
Esguerra , 703 Phil. 435, 440 (2013); and Zamudio v. Auro, 593 Phil. 575, 584
(2008).
62. Rollo , p. 143.

63. Re: Non-Submission of Monthly Financial Reports of Ms. Erlinda P. Patiag, Clerk
of Court, Municipal Trial Court in Cities, Gapan City, Nueva Ecija, supra note
57.

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