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494 SUPREME COURT REPORTS ANNOTATED

Office of the Court Administrator vs. Cunting

*
A.M. No. P-04-1917. December 10, 2007.
(Formerly A.M. No. 04-10-297-MTCC)

OFFICE OF THE COURT ADMINISTRATOR,

complainant, vs. MRS. ELADIA T. CUNTING, former
Clerk of Court, Office of the Clerk of Court, Municipal Trial
Court in Cities, Zamboanga City, respondent.

Court Personnel; Clerks of Court; Clerks of court perform a

delicate function as designated custodians of the court’s funds,
revenues, records, properties and premises, and as such, they are
responsible for ensuring that the court’s funds are promptly
deposited with an authorized government depositary bank—they
are liable for any loss, shortage, destruction or impairment of such
funds and property.—The administration of justice is
circumscribed with a heavy burden of responsibility. It requires
everyone involved in its dispensation—from the justices and
judges to the lowliest clerks—to live up to the strictest standards
of competence, integrity and diligence in the public service. As
frontliners in the administration of justice, they should live up to
the strictest standards of honesty and integrity. They must bear
in mind that the image of a court of justice is necessarily mirrored
in the conduct, official or otherwise, of the men and women who
work there. Clerks of court, in particular, must be individuals of
competence, honesty and probity, charged as they are with
safeguarding the integrity of the court and its proceedings. They
perform a delicate function as designated custodians of the court’s
funds, revenues, records, properties and premises. As such, they
are responsible for ensuring that the court’s funds are promptly
deposited with an authorized government depositary bank. Thus,
they are liable for any loss, shortage, destruction or impairment of
such funds and property. This Court will not countenance
dishonesty and malversation, for these offenses diminish the faith
of the people in the Judiciary.

Evidence; Admissions; The natural instinct of a man is to

resist an unfounded claim or imputation and defend himself, for it
is totally against human nature to remain silent and say nothing
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in the face of false accusations—silence, in such cases, is almost

always

_______________

* EN BANC.

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Office of the Court Administrator vs. Cunting

construed as an implied admission of the truth thereof.—The fact

that respondent failed to exert any effort to defend herself from
the charges against her exacerbates her predicament. The natural
instinct of a man is to resist an unfounded claim or imputation
and defend himself, for it is totally against human nature to
remain silent and say nothing in the face of false accusations.
Silence, in such cases, is almost always construed as an implied
admission of the truth thereof. Thus, in the absence of any
compelling reason to hold otherwise, we take respondent’s silence
as a waiver to file her comment and an acknowledgment of the
truthfulness of the charges against her.

Dishonesty; Dishonesty, particularly that which amounts to

malversation of public funds, will not be tolerated, otherwise,
courts of justice may come to be regarded as mere havens of
thievery and corruption.—She had effectively admitted her
accountability for the shortages in the court’s funds when she
wrote the letter to Judge Mariano requesting that her accrued
leave credits be used to answer for any amount which the audit
team would find unaccounted for. Dishonesty, particularly that
which amounts to malversation of public funds, will not be
tolerated. Otherwise, courts of justice may come to be regarded as
mere havens of thievery and corruption.

Moot Issues; The fact that the Court already dismissed the
respondent earlier in another case does not render the instant case
moot—respondent cannot avoid administrative liability by her
previous dismissal from the service.—The seriousness of
respondent’s infractions amounts to gross neglect of duty,
dishonesty and grave misconduct, and merits dismissal from the
service. However, on July 26, 2007, the Court already dismissed
respondent from the service also for gross dishonesty and grave

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misconduct with forfeiture of all benefits, except accrued leave

credits, and with prejudice to reemployment in the government
service. Nonetheless, this does not render the case moot.
Respondent cannot avoid administrative liability by her previous
dismissal from the service. For this case involving additional
serious offenses, in lieu of dismissal from the service, the Court
finds it proper to impose on her a fine of P40,000.00 to be
deducted from her accrued leave credits.

Contempt; Indifference to the Court’s Resolutions requiring the

production of certain documents makes respondent guilty of
contempt of court—when the contempt consists in the refusal to do
an act which

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Office of the Court Administrator vs. Cunting

is still within the power of respondent to perform, she may be

imprisoned by order of the court until she performs it.—The
recommendation to hold the respondent in contempt of court is
likewise warranted. Indifference to the Court’s Resolutions
requiring the production of certain documents makes respondent
guilty of contempt of court. Such cavalier attitude disregards the
duty of every employee in the Judiciary to obey the orders and
processes of this Court without delay. When the contempt consists
in the refusal to do an act which is still within the power of
respondent to perform, she may be imprisoned by order of the
court until she performs it.

ADMINISTRATIVE MATTER in the Supreme Court. Gross

Neglect of Duty, Dishonesty and Gross Misconduct.
The facts are stated in the opinion of the Court.

NACHURA, J.:

This administrative case is the result of the financial audit

conducted by the Office of the Court Administrator (OCA)
in the Municipal Trial Court in Cities (MTCC) of
Zamboanga City, the antecedents of which are as follows:
On September 4, 2003, the OCA received a copy of the
letter of Atty. Linda Lim, complaining about the Clerk of
Court of the MTCC of Zamboanga City, respondent Eladia
T. Cunting, who allegedly caused the delay in the release of
the full amount adjudged in favor of her client, and the

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dishonor of the checks due to insufficiency of funds. This

letter-complaint prompted the Fiscal Monitoring Division
of the OCA to form an audit team to investigate the
financial state of the said court. The team audited the
books of accounts of the MTCC of Zamboanga City from
September 15 to 19, 2003.
On November 10, 2003, the respondent wrote a letter to
Hon. Efren S. Mariano, Executive Judge, MTCC,
Zamboanga City, stating as follows:

“In anticipation that I will be obliged to answer for the amount of

money that have not been fully accounted for as a result of the
audit, I wish to request you that said amount be charged to
whatever

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Office of the Court Administrator vs. Cunting

retirement benefits I may be entitled to, including the

commutation of all my leave balances accumulated over the years
that I was an employee of the Supreme Court of the Philippines.
It may likewise be informed that a number of parties have been
coming to my residence, accordingly upon advice of some court
employees, seeking the refund of bail bonds posted in the
respective cases that these parties were involved in, which cases
have been either provisionally or permanently dismissed. For this
reason, I thus request that my salaries, which I learned have been
held in abeyance, be used to answer for such refund of bail bonds.
It may be informed that since payment of my salaries and other
remunerations is currently suspended,
1
I am not in a position to
personally answer for such refund.”

On October 6, 2004, the audit team submitted its report to

the OCA. The audit team found that respondent had been
remiss in the performance of her duties and that there
were massive shortages in the court’s funds.
In accordance with the recommendation
2
of the OCA, the
Court issued a Resolution dated December 1, 2004,
directing the respondent to deposit the amounts of
P10,049,496.60 to the Fiduciary Trust Fund account,
P972,634.02 to Judiciary Development Fund account, and
P117,093.36 to the Special Allowance for Judiciary account.
She was also directed to submit the court orders,
acknowledgment receipts and other documents showing the
unauthorized withdrawals from the said accounts. In the
same Resolution, the Court resolved to issue a Hold
Departure Order against the respondent and to suspend
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her pending the resolution of the case. The Court, likewise,

directed the Legal Office of the OCA to file the appropriate
criminal charges
3
against the respondent.
In a letter dated January 17, 2005, the respondent
asked for an additional period of thirty (30) days within
which to comply with the December 1, 2004 Resolution. She
averred

_______________

1 Rollo, p. 46.
2 Id., at pp. 185-189.
3 Id., at p. 198.

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that she needed additional time to produce the documents

required to be submitted and to prepare her answer to the
charges imputed to her. The Court granted the request for
extension of time. However, the respondent did not submit
any document within the extended period. 4
On July 18, 2005, the Court issued a Resolution
directing the respondent to show cause why she should not
be disciplinarily dealt with for failure to file her answer
and submit the required documents. When the respondent 5
failed to comply, the Court issued another Resolution on
December 14, 2005, imposing upon the respondent a fine of
P1,000.00, or imprisonment of five (5) days, and requiring
her to comply with the previous orders of the Court. 6
Still,
the respondent failed to comply. In a Resolution dated
March 19, 2007, the Court imposed upon the respondent an
additional fine of P2,000.00. She was also directed to show
cause why she should not be held in contempt of court for
failure to comply with the Court’s orders.
Thereafter, the OCA reevaluated the case and
reassessed the respondent’s liability to include the
withdrawals which the respondent failed to substantiate.
The OCA reported, thus:

First, the respondent left open the vault. On the day the audit
team arrived at the MTCC of Zamboanga City, respondent was
attending a seminar in Dipolog City. The audit team noticed that
the vault was open making it accessible to any person in court.
Second, the audit team found cash amounting to P10,670.30
stored in the vault. The team had to presume that this amount

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forms part of the court collections because the source of the money
can not be confirmed from the respondent who did not report for
work during the entire period of the audit notwithstanding the
instruction of Judge Mariano for her to cut short her attendance
in the seminar in Dipolog City so she can attend to the needs of
the audit team.

_______________

4 Id., at p. 215.
5 Id., at p. 218.
6 Id., at p. 250.

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Office of the Court Administrator vs. Cunting

Third, there were missing accountable forms. The Office of the

Clerk of Court of the MTCC of Zamboanga City requisitioned
several booklets of official receipts from this Court which the
audit team can not find among the records of the said court. These
are:

O.R. Serial Numbers No. of Booklet Date Mailed

Packed/Mailed
80501 to 81000 10 08.01.86
2653001 to 2653500 10 08.13.92
10438951 to 10439000 01 12.16.98
11148051 to 11148100 01 05.19.99
11148901 to 11148950 01 05.19.99
13217801 to 13217850 01 07.14.00
13218551 to 13218750 04 07.14.00
13218801 to 13218850 01 07.14.00
14126101 to 14126250 03 01.31.01
15067151 to 15067250 02 07.31.01
15561151 to 15561250 02 11.07.01
16574151 to 16574250 02 06.04.02
17220501 to 17220800 06 11.07.01
18110151 to 18110250 02 04.23.03
Total 46  

Fourth, the audit team found out that the Office of the Clerk of
Court of the MTCC of Zamboanga City issued receipts which were

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not requisitioned from this Court.

Fifth, the audit team discovered a shortage in the collections
for the Clerk of Court General Fund in the amount of
P116,431.30. The total collections for this fund from November
1996 to June 2003 is P537,069.54. Deducted therefrom is the
amount of P493,452.49 representing the amount properly
deposited or remitted to the bank. This left an unremitted balance
of P43,617.05. The audit team did not consider as valid deposits or
remittances those amounts reflected in several deposit slips
without any machine validation. These amounted to P72,814.25.
Thus, insofar as these amounts are concerned, there are doubts as
to whether these deposits were actually

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Office of the Court Administrator vs. Cunting

made, hence, these have to be treated as unremitted collections

and added to the unremitted balance of P43,617.05. The total
accountability of respondent is P116,431.30. This is summarized
as follows:

Total collections, November 1996 to June 2003 P 537,069.54

Less: Total Remittances/Deposits 493,452.49
Unremitted Collections 43,617.05
Add: Unconfirmed Deposits per Deposit Slips
          Without Machine Validations (Schedule 1) 72,814.25
Shortage P 116,431.30

The deposit slips without any machine validation are:

Date Monthly Report Deposit Slip Amount

12-03-96 Nov. 1996 P 3,352.00
01-13-97 Dec. 1996 1,850.00
02-03-97 Jan. 1997 1,535.00
04-10-97 Mar. 1997 8.00
07-07-97 June 1997 1,840.40
11-12-97 Oct. 1997 9,080.00
09-13-99 Aug. 1999 9,000.00
02-02-00 Nov. 1999 3,928.05
2-23-00 Jan. 2000 6,160.00
2-23-00 Jan. 2000 4,309.00
2-23-00 Jan. 2000 2.80
3-15-00 Feb. 2000 13,725.00
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Date Monthly Report Deposit Slip Amount

6-02-00 May 2000 3,333.32
6-02-00 May 2000 334.68
11-07-00 Oct. 2000 4,323.92
11-07-00 Oct. 2000 354.08
7-18-01 June 2001 3,267.00
01-08-02 Jan. 2002 3,515.00
04-21-03 March 2003 2,896.00
      TOTAL P 72,814.25

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Sixth, the audit team found out that respondent did not maintain
a cash book for the Clerk of Court General Fund for the period of
September 1999 to June 2003. The team also noticed that
respondent did not regularly submit the monthly reports of
collections for the Clerk of Court General Fund. The lacking
monthly reports pertain to the months of November 2000, June
2001, October 2002, December 2002, May 2003 and June 2003. As
a result, the Accounting Division of this Court was not able to
prepare the Subsidiary Ledger for the corresponding months.
Seventh, the audit team noticed numerous mistakes in
reporting to this Court the collections in the Clerk of Court
General Fund. The team observed discrepancies between the
amount indicated in the official receipts and the amount in the
monthly reports, to wit:

     DATE      O.R. NO. AMOUNT AMOUNT PER SHORT

                                                    PER OFFICIALRECEIPT OVER
MONTHLY
REPORT
01-13-00 3782807 1.00 5.00 5.00
01-17-00 3782822 1.00 2.00 1.00
01-18-00 3782846 1.00 2.00 1.00
01-18-00 3782849 1.00 5.00 4.00
01-19-00 3782855 1.00 10.00 9.00
02-07-00 3783002 10.00 1.00 (9.00)
02-08-00 3783017 5.00 250.00 245.00
02-08-00 3783024 1.00 2.00 1.00
02-08-00 3783026 2.00 1.00 (1.00)

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     DATE      O.R. NO. AMOUNT AMOUNT PER SHORT

                                                    PER OFFICIALRECEIPT OVER
MONTHLY
REPORT
02-08-00 3783053 5.00 1.00 (4.00)
02-17-00 3783100 1.00 10.00 9.00
02-17-00 3783101 10.00 1.00 (9.00)
02-18-00 3783107 1.00 10.00 9.00
02-18-00 3783122 5.00 1.00 (4.00)
02-18-00 3783124 5.00 1.00 (4.00)
02-22-00 3783178 1.00 2.50 1.50
02-23-00 3783185 1.00 2.00 1.00

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02-23-00 3781393 2.00 1.00 ( 1.00)

02-23-00 3781394 1,970.00 2.00 (1,968.00)
02-23-00 3781395 1.00 1,970.00 1,969.00
02-23-00 3781397 2.00 1.00 (1.00)
02-23-00 3781399 1.00 2.00 1.00
03-93-00 3783314 1.00 10.00 9.00
03-07-00 3783356 5.00 1.00 (4.00)
03-22-00 3783461 4.00 28.00 24.00
03-22-00 3784533 1.00 5.00 4.00
03-22-00 3784534 1.00 2.00 1.00
07-12-00 3784636 48.00 52.00 4.00
07-19-00 3784718 208.00 68.00 (140.00)
08-14-00 12356849 2.00 4.00 2.00
08-14-00 12356850 2.00 4.00 2.00
08-16-00 12356858 210.00 200.00 (10.00)
09-14-00 12356972 8.00 4.00 (4.00)
09-27-00 12356998 2.00 204.00 202.00
10-04-00 13218778 2.00 399.00 397.00
TOTALS       2,522.00 3,263.00 741.50

Eighth, there was also a shortage in the collections for the

Judiciary Development Fund in the amount of P574,927.47. The
total collection for this fund from November 1996 to June 2003 is

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P2,531,283.06. The audit team deducted therefrom the amount of

P2,259,358.67 representing the valid remittances/deposits to the
bank. This left an unaccounted balance of P271,924.39. The team
added to the accountability of respondent the amount of
P303,003.08 which was summed up from the deposit slips without
any machine validation. Under Administrative Circular No. 3-
2000 (June 15, 2000), it was stated that “[d]eposit slips that are
not machine validated shall not be considered as deposits.” The
total shortage was arrived at in this manner.

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Office of the Court Administrator vs. Cunting

Total collections, November 1996 to June 2003 P

2,531,283.06
Less: Total Remittances/Deposits 2,259,358.67
Unremitted Collections 271,924.39
Add: Unconfirmed Deposits per Deposit Slips 303,003.08
Without Machine Validations (Schedule 2)
Shortage P
574,927.47

The deposit slips without machine validation are:

     Date Monthly Report Deposit Slip
Amount     
03-03-97 February 1997 P 7,288.60
04-03-97 March 1997 242.00
11-12-97 October 1997 7,270.00
03-12-98 February 1998 21,218.00
02-23-00 January 2000 7,760.00
02-23-00 January 2000 2,197.68
03-08-00 February 2000 26,366.70
03-15-00 February 2000 1,327.75
03-15-00 February 2000 756.15
04-10-00 March 2000 12,027.00
06-02-00 May 2000 55,179.35
06-02-00 May 2000 52.65
11-07-00 October 2000 5,185.00
11-07-00 October 2000 128.00
08-17-01 September 2001 146.00

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     Date Monthly Report Deposit Slip

Amount     
11-29-01 November 2001 10,000.00
01-09-02 December 2001 28,357.39
02-08-02 January 2002 49,632.00
03-07-02 February 2002 11,740.60
09-25-02 September 2002 8,260.60
10-07-02 September 2002 19,500.25
12-13-02 November 2002 8,440.00

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03-25-03 March 2003 130.00

05-05-03 April 2003 9,500.00
05-05-03 April 2003 5,212.67
05-09-03 April 2003 2,108.46
05-29-03 April 2003 541.23
08-06-03 June 2003 2,435.00
TOTAL       P 303.003.08

The audit team discovered a discrepancy in the amount indicated

in a deposit slip. The deposit slip dated August 4, 1998, which was
attached to the monthly report for July 1998, showed a deposit of
P11,400.00 while the machine validated slip indicated a deposit of
P10,958.33 or a difference of P481.67.
The collections for the Judiciary Development Fund were not
accurately recorded in the monthly reports. The audit team
discovered discrepancies between the amount indicated in the
official receipts and those indicated in the cash book, the net
effect of which is that the collections reported to the Accounting
Division of this Court were understated. These discrepancies are:

DATE O.R. AMOUNT AMOUNT SHORT

                          NO. PER PER (OVER)
MONTHLY OFFICIAL
REPORT REPORT
02-06-97 647427 46.00 96.00 50.00
02-25-97 647578 10.00 50.00 40.00
04-07-97 749837 174.00 446.00 272.00
05-26-97 6641025 0.00 48.00 48.00
09-02-97 6717806 48.00 10.00 (38.00)
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DATE O.R. AMOUNT AMOUNT SHORT

                          NO. PER PER (OVER)
MONTHLY OFFICIAL
REPORT REPORT
09-04-97 6717827 50.00 10.00 (40.00)
09-04-97 6717828 50.00 10.00 (40.00)
09-04-97 6717831 48.00 10.00 (38.00)
09-11-97 6717860 48.00 2.00 (46.00)
11-05-97 6799025 10.00 50.00 40.00

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12-02-97 6799361 48.00 10.00 (38.00)

12-02-97 6799362 48.00 10.00 (38.00)
11-17-98 8205617 84.00 116.00 32.00
11-20-98 8205639 2.00 48.00 46.00
06-09-00 12355457 232.00 222.00 (10.00)
06-09-00 12358578 15.00 50.00 35.00
TOTALS       P913.00 P1,188.00 P275.00

Still in connection with the Judiciary Development Fund, there

was no cash book for the months of January to June 2003. There
were no monthly reports for December 1996, November 1997, for
the entire year of 1999, November 2000, November and December
2002, and January to June 2003.
Finally, the audit team discovered the biggest shortage in the
Fiduciary Fund amounting to P11,338,382.54. This was a result of
a variety of irregular transactions. First, cash bail in the total
amount of P12,400.00 was released without any supporting court
orders authorizing the release thereof. Neither were these
accompanied by acknowledgment receipts whereby the accused
acknowledges his/her receipt of the released cash bail. These
involve three (3) transactions, to wit:

DATE O.R. NO. CASE NO. PAYEE AMOUNT

12-02-96 559919 96-34 E. Teodoro P 4,000.00
03-10-97 647322 39250 A. Garcia 4,200.00
03-10-97 647323 39250 L. Tingkasan 4,200.00
TOTAL                   P 12,400.00

There were also twenty-six (26) instances wherein the cash bail
amounting to P264,000.00 was released without any supporting
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court orders authorizing the release. These are:

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DATE O.R. NO. CASE NO. PAYEE AMOUNT

04-16-97 749661 39712 L. Visitacion P 4,500.00
04-25-00 3784223 42805-815 Atty. S. Sotto, Jr. 90,000.00
06-11-98 8081383 40995-001 T. Kwan 52,500.00
10-24-98 8083093 41541 R. Liguitan 4,500.00
08-18-98 8083105 40893 O. Aizon 1,000.00
11-10-98 8083163 41367 L. Isidro 1,000.00
03-15-99 8206378 41680 L. Rodriguez 7,500.00
02-09-99 8206426 41994 A. Isahac 4,500.00
02-11-99 8206428 41272-73 H. Concepcion 2,000.00
04-15-99 8206554 41965 R. Alfaro 6,000.00
12-07-98 8206605 41669 T. Raz 2,000.00
11-25-99 8403623 41758 P. Bello 1,000.00
11-26-99 8403624 42511-12 E. Canseco 24,000.00
11-25-99 11148923 41758 P. Bello 1,000.00
11-26-99 11148924 42511-12 E. Canseco 24,000.00
01-05-01 13218554 43501 F. Dionisio 4,500.00
01-09-01 13218556 43402 I. Galvez 5,000.00
01-23-01 13218566 43658 V. Alam-alam 7,500.00
02-14-01 13218593 42181 R. Ramasamyalios 2,000.00
02-26-01 13218654 42180-81 R. de Mesa 4,000.00
04-02-01 13218674 35569 R. Luisito 100.00
04-24-02 14126198 44530-31 R. Fernando 4,000.00
03-27-03 17220712 45440 R. Soler 6,000.00
03-28-03 17220713 45470 K. Lukman 6,000.00
04-16-97 749661 39712 L. Visitacion 4,500.00
04-25-00 3784223 42805-815 Atty. S. Sotto, Jr. 90,000.00
TOTAL                   P264,600.00

In eleven (11) transactions, cash bail amounting to P237,700.00

was released without any acknowledgment receipt. Since there
was no proof that the accused actually received the released cash
bail, this amount shall be considered as part of the accountability
of the respondent. These transactions are:

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DATE O.R. NO. CASE NO. PAYEE AMOUNT

08-19-97 6641702 40140-143 R. Jalandoni P 6,000.00
09-02-97 6641724 39632 M. Akmad 1,000.00
09-08-97 6641730 34895-896 S. Benasing 4,000.00
07-31-97 6641766 39457 L. Dayaganon 2,000.00
08-06-97 6641778 40060 M. Chiong 2,000.00
08-14-97 6641790 30326 N. Polalon 100.00
08-14-97 6641792 40146 C/S Candido 9,000.00
08-19-97 6641800 26201-06 L. Basid 203,000.00
07-11-97 6641822 40002-04 C. Gestoso 6,000.00
09-26-97 6718274 40198-99 P. Perez 4,000.00
01-26-99 8206670 37717 C. Culs 600.00
TOTAL                   P237,700.00

Court fines were collected but not remitted to the Fiduciary Fund.
This amounted to P321.50, the details of which are:

DATE O.R. NO. CASE NO. PAYEE AMOUNT

09-07-99 3520447 14126 J. Aminula P 110.00
09-07-99 3520448 15141 J. Aminula 110.00
04-22-03 13219738 35694 N. Martinez 101.50
TOTAL                   P 321.50

Confiscated cash bail amounting to P554,400.00 were

withdrawn from the Fiduciary Fund account but were not
remitted to the [J]udiciary [Development] [F]und account.
The audit team discovered that respondent was collecting a fee
of 1% for every money received by the court such as cash bail,
consignments, rental deposits, etc. However, there are no records
that the fees collected were remitted to the bank. The total fees
collected by respondent amounted to P219,464.44.
Finally, the audit team computed the total cash bail,
supersedeas bonds, consignations and rental deposits that were
supposedly unwithdrawn from the bank. This amounted to
P10,212,693.75. However, the total balance in the bank accounts

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Office of the Court Administrator vs. Cunting

maintained by respondent for the MTCC of Zamboanga City is

nowhere near this amount. Current Account No. 1952-0007-28
has a balance of only P160,436.55 while Savings Account No.
1951-0113-94 has only P1,761.20 for a total of P162,197.75. This
should be deducted from P10,212,693.75 leaving a balance of
P10,049,496.60. This represents the amount of unwithdrawn and
unaccounted Fiduciary Fund collections for which the respondent
is responsible.
All in all, the liability of the respondent for the Fiduciary Fund
is P11,338,382.54 which is broken down as follows:

No Court Order and Acknowledgment P 12,400.00

Receipt
No Court Order 264,600.00
No Acknowledgment Receipt 237,700.00
Court fines collected but not remitted 321.50
Confiscated Bonds which were withdrawn
but not remitted 554,400.00
Commission on Cash Held in Trustbut not
remitted 219,464.44
Unwithdrawn Cash Bond 10,049,496.60
Total Unwithdrawn Fiduciary Fund P 11,338,382.54

Based on the foregoing, the OCA recommended that:

1. Ms. Eladia T. Cunting, Clerk of Court, Municipal

Trial Court in Cities, Zamboanga City, be FOUND
GUILTY of gross neglect of duty, dishonesty and
gross misconduct;
2. The Financial Management Office, Office of the
Court Administrator, be DIRECTED to process the
terminal leave benefits of the respondent,
dispensing with the documentary requirements,
and to remit the said benefit to the Fiduciary Fund
account of the MTCC of Zamboanga City;
3. Ms. Cunting be FOUND GUILTY of contempt of
court for failing to return the missing funds despite
repeated demands;
4. Ms. Cunting be DIRECTED to restitute the
following amounts to their respective accounts:

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Office of the Court Administrator vs. Cunting

a. P116,431.30 – Clerk of Court General Fund

b. P574,927.47 – Judiciary Development Fund
7
c. P10,899,019.03 – Fiduciary Fund

5. Director Nestor M. Mantaring, National Bureau of

Investigation, be DIRECTED to cause the arrest of
Ms. Eladia T. Cunting and to detain her until she
complies with the directive of this Court to restitute
the above-mentioned shortages.

The findings and recommendations of the OCA are well

taken.
The administration of justice is circumscribed with a
heavy burden of responsibility. It requires everyone
involved in its dispensation—from the justices and judges
to the lowliest clerks—to live up to the strictest standards8
of competence, integrity and diligence in the public service.
As frontliners in the administration of justice, they should
live up to the strictest standards of honesty and integrity.
They must bear in mind that the image of a court of justice
is necessarily mirrored in the conduct, official
9
or otherwise,
of the men and women who work there.
Clerks of court, in particular, must be individuals of
competence, honesty and probity, charged as they are with
safeguarding10 the integrity of the court and its
proceedings. They perform a delicate function as
designated custodians of the

_______________

7 The OCA deducted from the total shortage of P11,338,382.54 the

respondent’s accrued leave credits of 395.815, which has the money value
of P439,363.51.
8 In Re: Report on the Judicial and Financial Audit Conducted in the
Municipal Trial Court in Cities, Koronadal City, A.M. No. 02-9-233, April
27, 2005, 457 SCRA 356, 369.
9 Office of the Court Administrator v. Nacuray, A.M. No. P-031739,
April 7, 2006, 486 SCRA 532, 539-540.
10 Report on the Financial Audit Conducted at the Municipal Trial
Courts of Bani, Alaminos, and Lingayen, in Pangasinan, 462 Phil. 535,
544; 417 SCRA 106, 112 (2003).

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Office of the Court Administrator vs. Cunting

11
court’s funds, revenues, records, properties and premises.
As such, they are responsible for ensuring that the court’s
funds are promptly deposited with an authorized
government depositary bank. Thus, they are liable for any
loss, shortage,
12
destruction or impairment of such funds and
property. This Court will not countenance dishonesty and
malversation, for these13 offenses diminish the faith of the
people in the Judiciary.
The respondent failed to live up to these exacting
standards. She had been grossly negligent in her duties as
shown by the following incidents: (1) she left open the
court’s vault while attending a seminar in Dipolog City; (2)
she left P10,670.30 inside the vault; (3) forty-six (46)
booklets of official receipts were missing; and (4) she used
receipts not requisitioned from the Property Division of the
OCA.
Her most serious infractions were the shortages in the
Clerk of Court General Fund, Judiciary Development
Fund, and the Fiduciary Fund, which amounted to
P12,029,741.31. Several irregularities contributed to the
accumulation of these shortages: (1) respondent did not
deposit some amount of the court’s collections as shown by
deposit slips which were not machine validated by the
bank; (2) monthly reports were not regularly submitted to
the Court; (3) reports submitted to the Court contained
numerous discrepancies between the amounts reported and
the amounts appearing in the official receipts, deposit slips
or cash books; (4) she did not maintain a cash book for the
Judiciary Development Fund; (5) respondent withdrew
cash bail from the Fiduciary Fund without court orders or
without any acknowledgment receipts; (6) fines imposed on
the cash bail were not remitted; (7) confiscated cash bails
were not remitted to the Judiciary Develop-

_______________

11 In Re: Report on the Judicial and Financial Audit Conducted in the

Municipal Trial Court in Cities, Koronadal City, supra note 8, at p. 374.
12 Id.
13 Id., at p. 373.

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ment Fund; and (8) respondent did not remit the 1%

commission she collected on money received by the court.
The fact that respondent failed to exert any effort to
defend herself from the charges against her exacerbates
her predicament. The natural instinct of a man is to resist
an unfounded claim or imputation and defend himself, for
it is totally against human nature to remain silent and say
nothing in the face of false accusations. Silence, in such
cases, is almost always construed as an implied admission
of the truth thereof. Thus, in the absence of any compelling
reason to hold otherwise, we take respondent’s silence as a
waiver to file her comment and an acknowledgment
14
of the
truthfulness of the charges against her.
Worse, she had effectively admitted her accountability
for the shortages in the court’s funds when she wrote the
letter to Judge Mariano requesting that her accrued leave
credits be used to answer for any amount which the audit
team would find unaccounted for. Dishonesty, particularly
that which amounts to malversation of public funds, will
not be tolerated. Otherwise, courts of justice may come 15
to
be regarded as mere havens of thievery and corruption.
The seriousness of respondent’s infractions amounts to
gross neglect of duty, dishonesty and grave misconduct,
and merits dismissal from the service. However, on July
26, 2007, the Court already dismissed respondent from the
service also for gross dishonesty and grave misconduct with
forfeiture of all benefits, except accrued leave credits, and
with prejudice
16
to reemployment in the government
service. Nonetheless,

_______________

14 Re: Complaint against Atty. Wilfredo B. Claveria for

Misappropriation of Judiciary Funds, A. M. No. P-02-1626, July 7, 2004,
433 SCRA 495, 500.
15 Office of the Court Administrator v. Nacuray, supra note 9, at p. 542.
16 Alenio v. Cunting, A.M. No. P-05-1975, July 26, 2007, 528 SCRA 159.

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17
this does not render the case moot. Respondent cannot
avoid administrative liability by her previous dismissal
from the service. For this case involving additional serious
offenses, in lieu of dismissal from the service, the Court

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finds it proper to impose on her a fine of P40,000.00 to be

deducted from her accrued leave credits.
The recommendation to hold the respondent in contempt
of court is likewise warranted. Indifference to the Court’s
Resolutions requiring the production of certain documents
makes respondent guilty of contempt of court. Such
cavalier attitude disregards the duty of every employee in
the Judiciary to
18
obey the orders and processes of this Court
without delay. When the contempt consists in the refusal
to do an act which is still within the power of respondent to
perform, she may 19
be imprisoned by order of the court until
she performs it.
WHEREFORE, respondent Eladia T. Cunting is found
GUILTY of gross neglect of duty, dishonesty and grave
misconduct. In view of her previous dismissal from the
service, a FINE in the amount of P40,000.00 is imposed on
respondent to be deducted from her accrued leave credits.
Respondent is further ordered to RESTITUTE the
following amounts to their respective accounts:

a. P116,431.30 – Clerk of Court General Fund

b. P574,927.47 – Judiciary Development Fund
c. P11,338,382.54 – Fiduciary Fund

The Employees’ Leave Division, Office of Administrative

Services-OCA, is likewise DIRECTED to compute the
respondent’s earned leave credits and to forward it to the
Finance Division, Fiscal Management Office-OCA, which
shall com-

_______________

17 See Sibulo v. San Jose, A.M. No. P-05-2088, November 11, 2005, 474
SCRA 464, 471.
18 Office of the Court Administrator v. Nacuray, supra note 9, at p. 541.
19 RULES OF COURT, Rule 71, Sec. 8.

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pute the money value of the balance, as well as other

benefits that she may be entitled to, to be included as
payment of the fine and partial restitution of the computed
shortages.
In addition, the respondent is found GUILTY of
contempt of court for her failure to comply with the Court’s
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orders. For this reason, the National Bureau of

Investigation is DIRECTED to cause the arrest of
respondent Eladia T. Cunting and to detain her until she
complies with the directive of this Court to restitute the
balance of the shortages, after deduction of the balance of
her accrued leave credits.
SO ORDERED.

          Puno (C.J.), Quisumbing, Ynares-Santiago,

Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Azcuna, Tinga, Chico-Nazario, Velasco, Jr.
and Reyes, JJ., concur.

Eladia T. Cunting guilty of neglect of duty, dishonesty

and grave misconduct.

Notes.—The excuse of a heavy caseload in his branch is

not a valid justification for the infraction by a Branch Clerk
of Court of Administrative Circular No. 10-94 directing
Clerks of Court and Branch Clerks of Court to submit a
docket Inventory Report every semester. (Report on the
Spot Judicial Audit Conducted in Metropolitan Trial Court,
Branch 36, Quezon City, 313 SCRA 25 [1999])
A clerk of court violates the trust reposed in her as
disbursement officer of the judiciary where she uses the
money collected to encash the checks of her co-employees.
(Re: Report on the Financial Audit on the Books of Account
of Ms. Adelina R. Garrovillas, 466 SCRA 59 [2005])

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