am_01-4-133-mtc_2003

PANGANIBAN, J.:

Illness may impair the ability to perform official functions. It will not, however, completely exonerate the present respondent from administrative liability for her continuous violations of rules and regulations over a long period of time. Being aware of her serious health condition, she should have reported it to higher authorities and asked for relief from responsibilities she could not discharge by reason thereof.

The Case and the Facts This administrative case is rooted in acting Court Administrator Zenaida N. Elepaño's written Memorandum,1 which imputes neglect of duty to the following clerks of courts: Elsie C. Remoroza of the Municipal Trial Court (MTC) of Mauban, Quezon; Elena P. Reformado of the MTC of Guinayangan, Quezon; Eugenio Sto. Tomas of the MTC of Cabuyao, Laguna; Maura D. Campaño of the MTC of San Jose, Occidental Mindoro; Eleanor D. Flores of the Municipal Circuit Trial Court (MCTC) of Taytay, Palawan; and Jesusa P. Benipayo of the MCTC of Ligao, Albay. It was Mrs. Antonina Soria, officer-in-charge of the Financial Management Office of the Office of the Court Administrator (OCA), who discovered the failure of the aforementioned court officers to submit their required monthly reports on time.

These were reports of monthly collections for the judiciary development fund, the fiduciary fund and the general fund, pursuant to Section 122 of Presidential Decree No. 1445 and Supreme Court (SC) Circular No. 32-93.2 While the OCA had already withheld the salaries of these officers, it requested authority to withhold other emoluments due them, pending their full compliance with SC Circular No. 32-93. In a Resolution3 dated May 4, 2001, the Court en banc resolved, among other courses of action, to direct the OCA to conduct an immediate audit of the cash and accounts of these court officers; to withhold further emoluments due them; and to impose administrative sanctions on them for their continued defiance of SC Circular No. 32-93. In a subsequent Resolution4 dated August 7, 2001, upon the recommendation of the OCA, the Court suspended the erring clerks of court without pay, until they would have fully complied with SC Circular No. 32-93.

On September 28, 2001, Elsie C. Remoroza, clerk of court of the MTC of Mauban, Quezon, moved for a reconsideration of the Court's August 7, 2001 Resolution by filing a Motion to Lift Suspension and Withholding of Other Emoluments.5 She explained that her failure to submit her reports on time was due to her poor health. She averred that at the time of the filing of her Motion, she had already submitted the required monthly reports. In an en banc Resolution6 dated December 11, 2001, the Court noted her Motion, pending her full compliance with SC Circular No. 32-93.

In a Memorandum7 dated March 14, 2002, Deputy Court Administrator Jose P. Perez submitted a summary of the audit findings on the accounts of Clerk of Court Remoroza as follows: "A. JUDICIARY DEVELOPMENT FUND (JDF) (Period covered: March 1985-August 31, 2001) Total Collections ₱125,363.10 Less: Total Remittances 66,065.10 Balance of Accountabilities as of 8/31/01 59,298.00 Restitute on 11/20/01 under LBP SA #0591-0116-34 65,664.00