OCA CIRCULAR NO. 35-2005, April 12, 2005

The Office of the Court Administrator has been
receiving reports that there are lower court employees who deliberately
destroy or tamper with bundy clocks issued to their respective stations.
Being the custodian of the bundy clocks issued to your respective
courts, you are hereby reminded that it is your duty to ensure the
safekeeping thereof. These equipment form part of the government’s
properties and should therefore be used in a judicious manner. (Sec. 5,
Canon I, Code of Conduct for Court Personnel.)

We also call your attention to the provisions of Article III, Sec. 506 of the National Accounting and Auditing Manual, to wit:

“Article III— Custodianship of Property.

“Sec. 506. Persons primarily and secondarily
accountable for government property — Heads of bureaus and offices of
the national government are immediately and primarily accountable for
all government property pertaining to their bureau or office. Persons
entrusted with the possession or custody of government property under
these officers shall be immediately accountable to them, without
prejudice to the liability of either party to the government.

“Every officer accountable for property shall be
liable for its money value in case of the improper unauthorized use, or
misapplication thereof, by himself or any person for whose acts he may
be responsible; and generally, he shall be liable for all loss, damage,
or deterioration occasioned by negligence in the keeping or use of such
property, whether it be at the time of his actual custody or not.”

In multiple sala courts, the executive judges are
the administrative heads of their respective stations while the clerks
of court in the OCC are the custodians of all bundy clocks. In single
sala stations, the presiding judges and their branch clerks of court act
as the custodian of these properties. As such, they are hereby enjoined
to perform all acts and take all the appropriate and necessary
precautions to safeguard the bundy clocks within their respective
administrative areas of supervision.

Finally, the blatant and deliberate act of
destroying bundy clocks constitutes grave misconduct, and the court
shall not hesitate to impose the appropriate administrative sanctions on
and to file criminal charges against those who destroy or tamper with
these clocks. In the case of Judge Salvador G. Cajot vs. Ma. Thelma
Josephine V. Cledera, A.M. No. P-98-1262, the Court unanimously resolved
to DISMISS Ms. Cledera from the service for destroying the bundy clock
in her place of work, and forfeited all her benefits as well as banned
her re-employment in the government including government owned or
controlled corporations.

FOR STRICT COMPLIANCE

__12__ day of April 2005, Manila.