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RE:  AUDIT CONDUCTED ON BOOKS OF ACCOUNTS OF FORMER CLERK OF COURT MR. WENCESLAO P. TINOY

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]
2005-05-16
CHICO-NAZARIO, J.
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.[29] Since respondent Oliveros has compulsorily retired on 10 August 2004, with twenty-eight (28) years of public service, he can only be fined in this administrative case.[30] Consequently, a fine equivalent to his salary for six (6) months, to be deducted from his retirement benefits is proper.[31] He is likewise ordered to restitute the shortage of P2,813.80.