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RE: INITIAL REPORT ON FINANCIAL AUDIT CONDUCTED IN MUNICIPAL TRIAL COURT OF PULILAN

This case has been cited 5 times or more.

	AM No. P-12-3084 2012-08-22	OCA v. MS. VIVENCIA K. LANGUIDO MENDOZA, J.
In the case of Re: Initial Report on the Financial Audit Conducted in the Municipal Trial Court of Pulilan, Bulacan,[10] the Court found the respondent clerk of court remiss in the performance of his duties for his failure to remit his collections on JDF and COC General Fund, when he failed to record the daily transactions in the official cash books, to submit monthly reports of collections and deposits and withdrawals to the Accounting Division, CMO, and to follow the circulars issued by the Court in the handling of the fiduciary funds. The respondent was found guilty of dishonesty, gross misconduct and malversation of public funds, and was dismissed from the service.
	AM No. P-05-2082 2011-11-29	OCA v. CLERK OF COURT HERMENEGILDO I. MARASIGAN PER CURIAM
The respondent admitted that when he assumed office in 1993, he assigned to Necesito in good faith "the collections, remittances, financial reports and the accountable forms only to find out that some are already missing."[17] This is a highly irresponsible move. As clerk of court, the respondent is the court's accountable officer, not the cash clerk. No amount of good faith can relieve him of his duty to properly administer and safeguard the court's funds. As the Court said in an earlier case, clerks of court are officers of the law who perform vital functions in the prompt and sound administration of justice.[18] They are designated custodians of the court's funds, revenues, records, properties and premises.[19] They are liable for any loss, shortage, destruction or impairment of such funds and property.[20] We find the respondent liable for gross neglect of duty.
	AM No. P-06-2113 2008-02-06	OCA v. EFREN F. VARELA
As Clerk of Court, respondent is entrusted to perform delicate functions with regard to the collection of legal fees.[23] He acts as cashier and disbursement officer of the court and is tasked to collect and receive all monies paid as legal fees, deposits, fines and dues, and controls the disbursement of the same.[24] He is designated as custodian of the court's funds and revenues, records, properties and premises and shall be liable for any loss or shortage thereof.[25] His failure to account for the shortage in the funds he was handling and to turn over money deposited with him and to explain and present evidence thereon constitutes gross neglect of duty, dishonesty, grave misconduct and malversation which all carry the penalty of dismissal even for the first offense.[26] Indeed, failure of a public officer to remit funds upon demand by an authorized officer constitutes prima facie evidence that the public officer has put such missing funds or property to personal use.[27] All that is necessary to prove malversation is to show that the defendant received in his possession public funds or property, he could not account for them and did not have them in his possession when audited, and he could not give a satisfactory or reasonable excuse for the disappearance of said funds or property.[28]
	AM NO. P-06-2124 2006-12-19	REPORT ON STATUS OF FINANCIAL AUDIT CONDUCTED IN RTC TINGA, J.
Clerks of courts should be reminded that they are the chief administrative officers of their respective courts. They are judicial officers entrusted to perform delicate functions with regard to the collection of fees and are expected to correctly and effectively implement regulations such that even undue delay in the remittances of amounts collected by them at the very least constitutes misfeasance. Being the custodian of the court's funds and revenues, records, property and premises, the Clerk of Court is likewise liable for any loss, shortage, destruction or impairment of said funds and property.[17]
	AM NO. P-00-1372 2005-05-16	ANTONINA A. SORIA v. CLERK OF COURT SALVADOR P. OLIVEROS CHICO-NAZARIO, J.
Clerks of Court are officers of the law who perform vital functions in the prompt and sound administration of justice.[22] Their office is the hub of adjudicative and administrative orders, processes and concerns.[23] They perform delicate function as designated custodians of the court's funds, revenues, records, properties and premises.[24] As such they are generally also treasurer, accountant, guard and physical plant manager thereof. They are liable for any loss, shortage, destruction or impairment of such funds and property.[25]