am_scc-00-6-p_2003

EN BANC A.M. No. SCC-00-6-P October 16, 2003 Re: Memorandum dated 27 September 1999 of Ma. Corazon M. Molo, Officer-in-Charge, Office of the Administrative Services, Office of the Court Administrator on the Dishonesty and Grave Misconduct of Datu Alykhan T. Amilbangsa, Clerk of Court, Shari'a Circuit Court, Bongo, Tawi-Tawi. PER CURIAM: The present administrative case arose when the Office of the Court Administrator (OCA) received an undated letter1 on September 3, 1998 from a concerned citizen denouncing respondent Datu Alykhan T. Amilbangsa, Clerk of Court of the Shari'a Circuit Court of Bongao, Tawi-Tawi, for not reporting the death of Maimona D. Yusop, Court Stenographer I of the same court, to wit: It is because of fear of retaliation, choose to keep my self in the anonymity [sic].

I write you in behalf of honesty, and in the name of four children, Sherwin, Mumar, Sharina and Shareen, who were left behind by deceased MAIMONA D. YUSOP who was stenographer I in the Shari'a Circuit Court at Bongao, Tawi-Tawi, with temporary appointment. I am a resident of Zamboanga City, sometime[s] used to stay in Manila, and said orphan[e]d children have intimated to me their problem. They asked the Shari'a court in Bongao to give them the extra payments paid to their late mother, but the Clerk of Court refused and even threatened them for [sic] death.

Mrs. Yusop worked in said shari'a court since March 1, 1986 till her death on August 8, 1997. She died on August 8, 1997 at Bongao of cardiac arrest and high blood pressure, but the Clerk of Court did not report the matter to your office. Since your office did not know about her death, you have even renewed her appointment last year, and her monthly salaries and bonuses were on-going, up to March 1998 which is the expiry date of her renewed appointment.

If only your office had renewed it again, her salaries will even continue up to now.2 The respondent was accused of receiving, encashing and thereafter appropriating the proceeds of the checks intended for Ms. Yusop from the period of August 1997 to March 1998. Moreover, to make it appear that Ms. Yusop was still alive, the respondent apparently submitted her daily time records (DTR) every month, thus falsifying entries therein, including Ms. Yusop's signature. According to the anonymous complainant, such act constitutes dishonesty that warrants dismissal from the service.3 The letter was immediately referred to the Office of Administrative Services (OAS).4 Officer-in-Charge Ma.

Corazon M. Molo required the respondent to submit an explanation why he failed to report the death of Ms. Yusop and to submit documents evidencing the latter's death.5 The respondent, in a Letter dated November 10, 1998, confirmed Ms.Yusop's death by submitting her death certificate.6 Two weeks later, the respondent wrote another letter7 explaining that after he informed Presiding Judge Amer M. Bara-acal of Ms. Yusop's death, the latter took it upon himself to report the same to the Supreme Court. The presiding judge even promised to give the position vacated by the late Ms. Yusop to the latter's sister, and that he would follow up the matter with the Court. On November 24, 1998, Ms. Molo again wrote a letter to the respondent, as follows: Please be informed that the salary checks of the late MAIMONA D. YUSOP, former Court Stenographer I of that court, from August 1997 up to March 1998 were all released and forwarded to that Office as you failed to report her death.1a\^/phi1.net In this connection, you are hereby directed to return/submit within five (5) days from receipt hereof the following: 1.

Salary checks from August 1997 up to March 1998; and 2. An explanation why you failed to return said checks.

Failure to submit the required documents in due time will constrain this Office to withhold your salaries.8 In a 1st Tracer dated February 23, 1999, the OAS reminded the respondent of this previous request with a warning that failure to act on the same would compel the said office to withhold his salary checks.9 In view of the respondent's failure to comply with this directive, his salary was thus withheld.10 The respondent finally answered the charges against him in a Letter dated June 16, 1999.11 he averred that the August 1997 paycheck was personally received by the deceased days before her death, while the September 1997 paycheck was released to the latter's older brother for burial expenses. He attached a certification/receipt signed by Salim D. Yusop, an alleged brother of the deceased. As regards the succeeding paychecks, he claimed that he had no knowledge whatsoever that they were released and forwarded to their office.

The respondent prayed for the release of his withheld salaries and benefits, averring that his wife was expecting a child the next month On August 25, 1999, Verina F. Yap, Officer-in-Charge of the Check Disbursement Division, Finance Management Office of the OCA, wrote a letter12 to the Land Bank of the Philippines requesting for the various checks issued in the name of Ms. Maimona D. Yusop. In a Reply Letter dated September 20, 1999, Carolina Q. Briñas, Department Manager of the Land Bank, enumerated twenty-one negotiated checks in the name of Maimona D. Yusop, to wit: 1a\^/phi1.net Check No. Amount Status 22065 P3,210.00 Negotiated Check dated 08/20/97 22238 3,218.95 Negotiated Check dated 09/01/97 22435 3,210.00 Negotiated Check dated 09/22/97 22631 3,218.95 Negotiated Check dated 10/29/97 22828 3,210.00 Negotiated Check dated 10/16/97 23025 3,218.95 Negotiated Check dated 11/03/97 23222 3,295.00 Negotiated Check dated 01/30/98 23419 3,300.25 Negotiated Check dated 01/30/98 23974 2,985.00 Negotiated Check dated 02/09/98 24368 2,986.74 Negotiated Check dated 02/13/98 24833 2,985.00 Negotiated Check dated 02/23/98 25210 2,986.74 Negotiated Check dated 02/13/98 25412 2,985.00 Negotiated Check dated 02/23/98 25613 2,986.74 Negotiated Check dated 03/17/98 26013 2,985.00 Negotiated Check dated 03/19/98 26214 2,986.74 Negotiated Check dated 04/01/98 25032 5,400.00 Negotiated Check dated 01/09/98 25831 1,000.00 Negotiated Check dated 03/11/98 24543 2,000.00 Negotiated Check dated 12/18/97 23795 3,773.00 Negotiated Check dated 12/09/97 23621 7,500.00 Negotiated Check dated 12/01/97 TOTAL