a delicate function of Clerks of Court...

Clerks of court perform a delicate function as designated custodians of the court's funds, revenues, records, properties and premises. As such, they are generally regarded as treasurer, accountant, guard and physical plant manager thereof. It is the clerks of court’s duty to faithfully perform their duties and responsibilities as such "to the end that there was full compliance with function, that of being the custodian of the court’s funds and revenues, records, properties and premises. They are the chief administrative officers of their respective courts. It is also their duty to ensure that the proper procedures are followed in the collection of cash bonds. Thus, their failure to do so makes them liable for any loss, shortage, destruction or impairment of such funds and property.

It is the duty of clerks of court to perform their responsibilities faithfully, so that they can fully comply with the circulars on deposits of collections. They are reminded to deposit immediately, with authorized government depositaries, the various funds they have collected because they are not authorized to keep those funds in their custody. The unwarranted failure to fulfill these responsibilities deserves administrative sanction and not even the full payment of the collection shortages will exempt the accountable officer from liability.

By failing to properly remit the cash collections constituting public funds, respondent violated the trust reposed in her as disbursement officer of the Judiciary. Her failure to deposit the said amount upon collection was prejudicial to the court, which did not earn interest income on the said amount or was not able to otherwise use the said funds. Her transgressions and her failure to satisfactorily explain her conduct, leave us no choice but to hold her liable for dishonesty, and to order her dismissal from office. The Court condemns any conduct, act or omission which violates the norm of public accountability or diminishes the faith of the people in the Judiciary (A.M. No. P-11-2965, July 31, 2012).