A.M. No. P-15-3335. June 28, 2017. OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. ATTY. JEROME B. BANTIYAN, Clerk of Court VI and ERLINDA G. CAMILO, former OIC/Court Interpreter, both of the Regional Trial Court, Branch 34, Banaue, Ifugao, Respondents.
FACTS:

This administrative case originated from a financial audit of the books of accounts of the Regional Trial Court, Branch 34, Banaue, Ifugao. The audit was prompted by the failure of Clerk of Court VI, Atty. Jerome B. Bantiyan, to update his financial reports as required. The audit covered the accountability periods of both respondent Erlinda G. Camilo, former Officer-in-Charge, and Atty. Bantiyan. The audit report revealed significant shortages in various judiciary funds. Atty. Bantiyan incurred a total shortage of P233,958.65 across the Fiduciary Fund, Judiciary Development Fund (JDF), Special Allowance for the Judiciary Fund (SAJF), Mediation Fund (MF), and other funds. Camilo had shortages totaling P4,507.10 in the JDF, SAJF, and MF. Both respondents failed to submit required monthly reports and update official cashbooks. Notably, Atty. Bantiyan could only present P650.00 when initially required to produce the total shortage, suggesting possible misappropriation. All shortages were subsequently restituted by the respondents following the audit.

ISSUE

Whether respondents Atty. Bantiyan and Camilo are administratively liable for their failure to properly account for and remit judiciary fund collections, and for their neglect in submitting required financial reports.

RULING

Yes, both respondents are administratively liable. The Court emphasized that clerks of court are custodians of court funds and revenues and have a duty to manage them with the highest degree of responsibility and integrity. Failure to remit collections on time and to render accurate accounts constitutes neglect of duty. The Court distinguished the culpability between the two respondents. Atty. Bantiyan’s actions constituted Gross Neglect of Duty. The magnitude of his shortages, particularly the P211,000.00 Fiduciary Fund shortage which deprived the court of earned interest, the prolonged delay in remittances, his inability to present the funds during examination, and his failure to collect the mandatory Sheriffs Trust Fund demonstrated a blatant disregard of his duties. His subsequent restitution did not exonerate him but was merely a mitigating factor. For Camilo, the Court found her liable for Simple Neglect of Duty. While she also incurred shortages and failed in her reporting duties, her infractions were of a lesser scale. The Court considered her immediate acknowledgment of her errors, her restitution, and the fact that it was her first offense as mitigating circumstances. Accordingly, Atty. Bantiyan was fined P20,000.00 for Gross Neglect of Duty, and Camilo was fined P10,000.00 for Simple Neglect of Duty, both with a stern warning against repetition.