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Back to Home Back to Main. Mejorara Kollect Company, Inc. ChanRobles Intellectual Property Division. Another letter dated January 29, was sent again to Mr. Mendoza requiring him to submit the aforementioned reports. On April 14,a letter requiring him to show cause within a non-extendible period of five 5 days from notice why his salary should not be withheld for failure to comply with office rules businesa regulations on the submission of monthly financial reports on the aforementioned funds for the said periods.
Notably, on June 16,this Office recommended the withholding of the salaries of Mr. PUNO on June 30, His firmms were withheld starting July In bu letter dated March 03, Mendoza admitted his remorse for being remiss in the submission of his monthly reports of collections, deposits, and withdrawals, explaining that it was primarily due to the peculiarities of his function firmx Clerk of Court of MTC-Gasan, Marinduque.
He further explained that he has also been acting as Court Interpreter nusiness several years already, making, checking and reviewing all the transcript[s] of stenographic notes taken during the hearings, that is, in addition to the functions he has to perform as a Clerk of Court.
He further stated that it was not his intention to defy the rules and regulations of this Office, contesting that all collections were properly deposited with the Land Bank of the Philippines, and [he] did not utilize it to enrich nor benefit him to the detriment of the government. In view of Mr. Mendoza’s submission of the abovementioned required reports, this Office recommended the release of his withheld salaries, and that he be severely reprimanded with a stem warning to be more circumspect in the performance of his duties, and that businese repetition of buslness said acts will be dealt with more severely.
In a letter dated March 07,Mr. Mendoza was again required to show cause within a non-extendible period of five 5 days from notice why his salary should not be withheld for failure to submit monthly financial reports on JDF for the months of March up to present; SAJ for the months of March up to present; FF for the months of Bysiness up to present; and the newly required quarterly General Fund report for the 1st quarter of up to present.
For failure again to comply with the said directive, on September 10,this Office was constrained to submit the following recommendations to the Court, to wit: Mendoza; b relieve him as Clerk of Court; and c conduct of an immediate financial audit in the books of accounts of MTC, Gasan, Marinduque. Notably, the aforementioned recommendations were approved on September fijance,and the salaries of Mr. Mendoza were withheld starting October In a letter dated October 15,Mr.
Mendoza narrated a family problem he had with his daughter and admitted his being remiss in the submission of the required financial reports. Mendoza did not state any further explanation and requested for the release of his withheld salaries and allowances.
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In a letter dated November 26,this Office informed Mr. Mendoza that recommendation for the release of his withheld salaries and allowances could only be effected upon submission of the required financial reports.
Records of this Office disclosed that up to date, Mr. Mendoza has still failed to submit reports for JDF for the months of March up to present; SAJ for the months of March up to present, FF for the months of March up to present, and General Fund for the 1st quarter of up to 2nd quarter ofand 4th quarter of up to present. Mendoza seems to submit unsatisfactory explanation whenever required to show cause for his failure to submit the monthly financial reports.
Records show that there was repetition of his misfeasance despite opportunities given to him by the Honorable Court. In view of the foregoing, this Office respectfully submits the following recommendations for your Honor’s consideration and directive, to wit: It docketed the matter as an Informal Preliminary Investigation IPIfurnished Mendoza with a copy of the Memorandum, and required him to comment thereon.
In an Indorsement dated 19 AprilMendoza was required to comment on the Memorandum dated 27 February charging him with dereliction of duty. In his comment, Mendoza claimed that the funds were already deposited to the respective Supreme Court accounts. He also asserted that the audit team did not find any shortage of funds, and thus, he was not entirely neglectful in handling the collections entrusted to him.
Mendoza also explained that when he was given the show cause order, he had to attend first to his daughter’s schooling and the nerve disease that he was suffering from. He stated that the required reports were already submitted to Atty. He appealed for the release of his salaries and allowances and undertook that he would no longer violate this Court’s circulars.
The team reported that they had no difficulty in examining the book of accounts because of the proper filing of records and accessibility to all documents needed in the course of the audit. The team also reported that all funds were properly accounted for. However, the team reported that Mendoza’s monthly reports of collections, deposits, and withdrawals were not submitted on time.
Mendoza told the team that the delay was due to his voluminous workload. According to the team, the philpipine was also due to Mendoza’s failure to delegate to his subordinates some of the tasks pertaining to the collections, deposits, and preparation of monthly reports.
The team reminded Mendoza about the proper procedures in handling the court’s collections, deposits, and withdrawals. On 4 FebruaryMendoza again requested for the release of his salaries and allowances.
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However, in a letter dated 25 February by Atty. On 8 AprilAtty. His salaries and allowances were first withheld on 30 June and were only released on 3 December after he submitted the required reports. The OCA stated that it could not exonerate Mendoza on the grounds that he had to attend to his daughter’s schooling and that he was suffering from a nerve disease because he could have delegated his duties to one of his subordinates.
The OCA stated that Mendoza’s repetitive acts constitute simple neglect of duty, a less grave offense punishable by suspension for one month and one day to six months for the first offense. However, the OCA considered as mitigating circumstances Mendoza’s lack of bad faith, his illness, the fact that the audit team found no shortage of funds in the court’s accounts, his years in service, and the fact that this was his first infraction. The OCA recommended that the complaint be re-docketed as a regular administrative matter.
The OCA further recommended the following: Certified correct by the Clerk of Court 1. The following documents shall be attached to the reports: Duplicate copies of the official receipts issued b. For Fiduciary Fund FF a.
In case of withdrawal: Copy of the Court Order c. In case no transaction is philipine within the month, written notice thereof shall be submitted to the aforesaid Office not later than the 10th day of the succeeding month.
It resulted to the withholding of his salaries starting July until he complied with OCA’s directive. Yet, despite the previous warning he received to be more circumspect in the performance fitms his duties, Mendoza again failed to comply with OCA Circular No.
It even came to the point that the Court had to form an audit team to look over Mendoza’s accounts. Mehorada Court did not have to utilize its resources if only Mendoza had been more conscientious in performing his responsibilities. The records also showed that even when his attention was called in to submit the financial reports, he still failed to submit the reports and only fully complied in February We thus agree with the OCA that Mendoza is guilty of simple neglect of duty.
Neglect of duty refers to the failure of an employee to give one’s attention to a task expected of him. The audit team did not find any shortage of funds in Mendoza’s accounts. These findings absolved Mendoza from gross neglect. The Court cannot accept Mendoza’s excuse that his failure to submit the required financial reports was due to his voluminous work. As pointed out by the OCA, he could have delegated some of his work to his subordinates instead of doing everything himself to the point of being unable to do his other duties.
We do not agree with the OCA in saying that mejoradx is Mendoza’s first infraction and in appreciating it as a mitigating circumstance. Mejoradx records show otherwise.
However, we consider Mendoza’s lack of bad faith, philippjne years in service, and the fact that the audit team found no shortage of funds as mitigating circumstances in this case. We also adopt OCA’s recommendation that Mendoza should be required to submit himself for medical examination to determine if he businesd still physically fit to discharge his busiess as Clerk of Court. In the meantime, we order the release of his withheld salaries and allowances considering his compliance with OCA Circular No.
The Court further requires respondent Mendoza to submit himself to the Supreme Court Medical Services, Manila, for medical examination, and directs the Supreme Court Medical Services to submit to the Court a Medical Report and Certification from the Head of the Medical Services whether Mendoza’s physical pains render him incapable of effectively discharging his duties as Clerk of Court.
The Court directs the Finance Division, FMO-OCA to release respondent Mendoza’s withheld salaries and allowances considering his submission of the required reports after withholding the fine imposed upon him in this Decision.
Finally, the Court directs the Presiding Judge of the Municipal Trial Court, Gasan, Marinduque to strictly supervise his accountable officer to ensure faithful compliance with the Court’s circulars and other issuances on the proper handling of judiciary funds. AlmirantePhil.