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Adm. Matter No. P-06-2124. September 25, 2006]

OFFICE OF THE COURT ADMINISTRATOR v. ATTY. ROBERTO Q. TUQUERO AND MR. HONORATO Q. MANGUERA

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT. 25, 2006 .

Adm. Matter No. P-06-2124 [Formerly 05-12-747-RTC] (Office of the Court Administrator v. Atty. Roberto Q. Tuquero and Mr. Honorato Q. Manguera)

This pertains to (a) the Comment dated 11 July 2006 filed by respondent Atty. Roberto Q. Tuquero, retired Clerk of Court VI, Regional Trial Court-Tarlac City stating that: (1) he has already paid the fine of P5,000.00 as required in the resolution of 30 January 2006; (2) the amount of P467.43, representing the alleged interest overwithdrawn, has already been deposited to the Fiduciary Fund Account of the RTC of Tarlac City; (3) the amount of P286,289.80 which is his share in the shortage amounting to P572,579.61 has already been deducted from his leave credits; and praying for the dismissal of the instant case; and (b) the Supplemental Pleading dated 28 August 2006, Filed by respondent Atty. Roberto Q. Tuquero, submitting therewith a certified photocopy of the Land Bank of the Philippines (LBP) deposit slip dated 10 August 2006 as proof that the amount of P286,289.80, deducted from the monetary value of his leave credits, has already been deposited to the Fiduciary Fund Account of the RTC-Tarlac City at the LBP; stating that he has already faithfully complied with all the directives of the Court; and praying that he now be relieved from any accountability.

In issuing the Resolution dated 30 January 2006, the Court merely intended to take note of and approve only the following recommendations of the Office of the Court Administrator, to wit: (a) that the shortage of P572,579.61 be divided equally between respondents Tuquero and Manguera, to be deducted from the money value of their leave credits; (b) that the amount of P572,579.61 be deposited in the Fiduciary Fund Account of the RTC-Tarlac City, subject to refund to respondents Tuquero and Manguera upon submission of the required documents; (c) that respondent Tuquero deposit the amount of interest overwithdrawn totaling P467.43 to the Fiduciary Fund Account of the RTC-Tarlac City; and (d) that the administrative matter be redocketed as a regular administrative complaint. The Court never intended to rule on the question of administrative liability of the respondents through the Resolution dated 30 January 2006, but only through a full-length resolution as it should be. That is why in the Resolution dated 3 May 2006, the Court required respondents to comment on the recommendation of the OCA that each of them be fined.

The Court resolves to REQUIRE respondents Tuquero and Manguera to manifest within ten (10) days from notice whether they are willing to submit this case for resolution based on the pleadings thus filed.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court

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