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REPORT OF JUSTICE FELIPE B. KALALO

This case has been cited 2 times or more.

2011-01-12
Gross negligence in the performance of duty is considered a grave offense for which the penalty of dismissal is imposed, even for the first offense.[16] This Court has ordered the dismissal of clerks of court and other court personnel for failure to deposit fiduciary funds in authorized government depository banks.[17] We cannot countenance any conduct, act or omission, committed by those involved in administering justice, that violate the norm of public accountability and diminish the faith of the people in the Judiciary.[18]   However, since both respondents have retired from the service, while Ms. Cuachon - though belatedly - restituted her shortages, we find the imposition of a fine to be the appropriate penalty in accordance with our previous rulings.[19]
2004-01-29
CARPIO MORALES, J.
Both the safekeeping of funds and collections are essential to an orderly administration of justice and no protestation of good faith can override the mandatory nature of the circulars which are designed to promote full accountability for government funds.[23] It needs no emphasis that failure to deposit fiduciary collections immediately with the authorized bank deprives the National Treasury of the interest which such collections should have earned.[24]