BELEN P. FERRIOLS, COMPLAINANT, VS. NORMA HIAM, CLERK OF COURT, MTCC, BRANCH I, BATANGAS CITY, RESPONDENT.

Pursuant to the
resolution dated October 7, 1992 of this Court, the dispositive portion of
which reads:

“WHEREFORE, as recommended, the Court hereby orders the auditor of
the Office of the Court Administrator to conduct a financial audit of the
Branch Clerk of Court, Norma P. Hiam of the MTCC, Branch I at Batangas City,
within ninety (90) days from receipt of this resolution, and to submit a report
of his findings and recommendations to this Court. Let a copy of Executive Judge Ernesto D. Mercado’s Investigation
Report be furnished the said auditor for his reference and guidance.” (p.
141, Rollo of A.M. No. P-90-414.)

Deputy Court Administrator Juanito S.
Bernad ordered the auditor of the Office of the Court Administrator to conduct
a financial audit of Branch Clerk of Court Norma Hiam of the Municipal Trial
Court in Cities (MTCC), Branch I at Batangas City, who is charged with dishones­ty,
grave misconduct and neglect of duty by the court interpreter, Belen
Ferriols. The report of Dimas Gue­varra
and Leandro L. Villanueva, staff of the Fiscal Audit Division, which was
approved by Director III, Clara Lontoc-Guzman, contained the following
findings:

“Mrs. Norma P. Hiam is the respondent in Administrative Matter
No. 90-414 filed by Mrs. Belen Ferriols which charged that collec­tions of cash
bail bonds and fines, posted and paid by several accused were not deposited or
remitted to the City Treasurer of Batangas City.

Audit Proper:

“The audit examination was confined to the seven Criminal
Cases mentioned in the above-mentioned Administrative case and was the subject
of an investigation by then Executive Judge, Honorable Ernesto D. Mercado of
the Regional Trial Court of Batangas City stated as follows:

“A. Cash Bond

“B. Fines

“Criminal Case
No. 18056 (Reported as Criminal Case No.18058 in the
Investigation Report of Judge Ernesto Mercado)

“This case was filed on Sep­tember 5, 1988 and was dismissed on
February 17, 1989. The total cash bail
bonds in the amount of Twenty Thousand (P20,000.00) pesos posted by the four
accused for their provi­sional liberty were ordered can­celled and released by
Judge Ernesto Encarnacion upon dismissal of the said case. No record of deposits/withdrawals for the
said amount was shown on the books of the City Treasurer. (Annexes A, B & C)

“Criminal Case
No. 18075

“The case was filed on Novem­ber 6, 1987 against Rebecca
Canovas for Grave Oral Defamation. Some
documents of the case are missing and the records appear to be recon­stituted. The accused posted cash bail bond of Five
Hundred (P500.00) pesos for her provisional liberty which was approved by that
Court on February 10, 1988. An
affidavit was executed by Rebecca Canovas that her case was permanently
dismissed on November 15, 1990 (the Court Order for its dismissal could not be
found) and her demand for the refund of the cash bond was denied by the then
Presiding Judge, Pedro A. Marasigan for her failure to present the
corresponding official receipt. (Annexes D, E & F)

“Criminal Case
No. 18213

“Arnel Samonte and Graciano Sibulo (Not Gregorio Sibulo as per
Investigation Report of Judge Ernes­to Mercado) are the accused in Criminal
Case No. 18213. The cash bail bond for
Arnel Samonte of Six Hundred (P600.00) pesos was posted on September 5, 1988
but deposited only to the City Treasurer of Batangas City on February 17, 1989
per Official Receipt No. 5127617 (5 months). The cash bond for the other accused, Mr. Graciano Sibulo of Six Hundred
(P600.00) pesos was posted not at Batangas City but at MTCC, Lucena City under
Official Receipt No. 1850291 on July 31, 1992. (Annexes G, H, I & J)

“Criminal Cases
Nos. 18104, 18107, 18108 and 18109

“The records of the foregoing criminal cases on which the
accused are sentenced by the Court to pay a fine of Two Hundred (P200.00) pesos
each are missing and can no longer be found in the safekeeping vault of Branch
I, MTCC, Batangas City as certified by Miss Cora Dalangin, incumbent
Officer-in-Charge, Branch I of that Court. (Annexes K, L, M, N & O)

“Others

“In a verification
letter we sent to the City Treasurer[‘s] Office on whether collections of cash
bail bonds and fines were remitted to that Office, Mr. Juan Sugay, the Acting
City Treasurer, within 3 days of receipt, issued a certification to the effect
that no amount of money was received perti­nent to the seven cases mentioned
earlier, except for the cash bail bond of Arnel Samonte in Criminal Case No.
18213 for P600.00. (Annexes P &
Q)” (pp. 144-146, Rollo of A.M. No. P-90-414.)

The clerk of court may not keep funds in her custody. Monies received by the clerk of court
“shall be deposited immediately x x x upon receipt thereof with the City,
Municipal or Provincial Treasurer where his court is located.” Supreme
Court Circulars Nos. 5 dated November 25, 1982 and 5-A dated December 3, 1982
pro­vide:

“Circular No.
5

“x x x All collections
of funds of a fiduciary character in­cluding rental deposits shall
be deposited immediately by the Clerk
of Court concerned upon receipt thereof
with the City, Municipal or Provincial
Treas­urer where his Court is locat­ed. x x x.

“Circular No.
5-A

“x x x By way of
implementing Circular No. 5 dated November 25, 1982 directing the deposit
of all collections of fiduciary funds
including rental deposits by the Clerk of Court concerned with the City,
Municipal or Provincial Treasurer where his Court is located, all Clerks of
Court are hereby directed to use a Deposit Acceptance Order form for said
purpose, a facsimile of which is hereto attached for their guidance and ready
reference. x x x.” (p. 146, Rollo
of A.M. No. P-90-414.)

Section 93 of the Judiciary Act of 1948 likewise provides:

“The Judiciary
Act of 1948

“x x x Section
93. Moneys Paid into
Municipal or City Courts – By whom to
be received. All moneys
accruing to the Government in municipal
or city courts, including fees, fines,
forfeitures, costs, or other miscellaneous receipts, and all
trust or depository funds paid into such courts shall be received
by the Municipal or city treasurer,
or in the City of Manila by the city treasur­er, for disposition according to
law: PROVIDED, however, That all moneys
paid in the nature of fines and costs by persons convicted for violations of
municipal or city ordinances shall accrue exclu­sively to the city, Municipali­ty
or municipal district in meeting its obligations as defined under sections
seventy-four and seventy-five of this Act, as amended. (RA No. 5468) x x x” (pp. 146-147,
Rollo of A.M. No. P-90-414; Underlining ours.)

Clearly, Clerk of Court Norma Hiam had no authori­ty to collect,
much less keep in her custody, cash bail bonds and fines in criminal
cases. Her failure to remit the funds
to the City Treasurer of Batangas City consti­tutes serious misconduct
prejudicial to the service. Worse, her
misappropriation of the funds for her person­al benefit constitutes dishonesty
which is punishable both administratively and criminally as an offense under
the Penal Code.

WHEREFORE, in A.M. No. P-90-414, “Belen P. Ferri­ols
vs. Norma Hiam, Clerk of Court,” the Court finds respondent Norma Hiam
GUILTY of dishonesty and serious misconduct prejudicial to the best interest of
the service and hereby orders her immediate DISMISSAL from the service with
forfeiture of all retirement benefits due her except the money value of her
accrued leaves. She is hereafter
disqualified for reemployment in the government service, including government-owned
or con­trolled corporations. She is
further ordered to deposit in the Office of the City Treasurer of Batangas
City, within ten (10) days from notice, the sum of P20,800.00 which represents
the cash bail bonds of the four (4) accused in Criminal Case No. 18056 and the
fines totall­ing P800.00 paid by four (4) other accused in Criminal Cases Nos.
18104, 18107, 18108 and 18109, which she collected but failed to remit to the
City Treasurer of Batangas City as required by law.

With respect to Hiam’s countercharge against Ferriols (A.M. No.
P-90-531) alleging that the latter collected costs in 304 criminal cases and
fines in 3 criminal cases which she did not remit to the City Treasurer of
Batangas City, the same is DISMISSED for lack of evidence, as recommended by
Executive Judge Ernesto D. Mercado.

SO ORDERED.

Narvasa, C.J., Cruz, Feliciano, Padilla, Bidin, Griño-Aquino,
Regalado, Davide, Jr., Romero, Nocon, Bellosillo, Melo, Quiason, Puno, and Vitug, JJ., concur.