The Supreme Court has dismissed Al Jamel E. Barataman, Clerk of Court II of the Shari'ah Circuit Court in Marawi City-Saguiaran-Kapai-Tagaloan II-Piagapo, Lanao del Sur, after finding him guilty of Gross Misconduct constituting violation of the Code of Conduct for Court Personnel, Serious Dishonesty, and Gross Neglect of Duty. The Court also ordered him to restitute PHP 690,158.20 in shortages and to pay PHP 69,750.20 in unearned interest.
The Case
The Office of the Court Administrator (OCA) conducted a financial audit of the Marawi City Shari'ah Circuit Court from April 15 to 27, 2024, covering Barataman's accountabilities from November 1, 2020 to April 25, 2024. The audit was triggered by a February 6, 2023 Letter-Request from the Accounting Division due to Barataman's continued failure to submit required monthly and quarterly financial reports on collections, deposits, and withdrawals of judiciary funds.
During the cash examination on April 22, 2024, Barataman did not present cash on hand or a recent deposit slip. When asked to explain, he admitted that collections had been deposited in his personal account. The audit team also found a missing official receipt booklet for the Sheriff's Trust Fund (STF) and seven missing original official receipts, even though unused duplicate and triplicate copies remained attached. Barataman further failed to submit a required list of civil cases, which an Officer-in-Charge had to provide by email on June 3, 2024. The audit team later discovered that Barataman had processed and paid 20 transactions through the Judiciary ePayment Solution (JEPS) after the audit cut-off date, covering cases previously classified as unreceipted — a method the audit team found inappropriate.
The Issue
The Court considered whether Barataman's acts — including depositing court collections in his personal account, incurring shortages across multiple judiciary funds, failing to submit required financial reports, and disregarding lawful directives — constituted Gross Misconduct, Serious Dishonesty, and Gross Neglect of Duty warranting dismissal from service.
The Ruling
The Supreme Court found Barataman guilty of all three serious offenses and imposed the penalty of dismissal. In its dispositive order, the Court ruled:
Barataman is DISMISSED from the service, with FORFEITURE of all benefits and PERPETUALLY DISQUALIFIED from reinstatement or appointment to any public office, including government-owned or -controlled corporations, with CANCELLATION of his Civil Service eligibility. He is also DIRECTED TO RESTITUTE the amount of PHP 690,158.20, representing the shortages in the various judiciary fund accounts, and DIRECTED TO PAY the unearned interest amounting to PHP 69,750.20. The Financial Management Office of the OCA is directed to compute the money value of his accrued leave credits and apply the same to his accountabilities. The OCA is further directed to file the appropriate criminal charges against Barataman.
By the Numbers
- Audit period: November 1, 2020 to April 25, 2024
- Total shortage: PHP 690,158.20
- Unearned interest: PHP 69,750.20
- STF shortage: PHP 32,000.00 (reduced from initial PHP 58,000.00)
- JDF shortage: PHP 48,448.00 (reduced from PHP 49,176.00 after partial restitution)
- SAJF shortage: PHP 729,867.20 (initial figure before further adjustments)
- Missing official receipt booklets: 1 (STF); missing original official receipts: 7
- Post-audit JEPS payments by Barataman: PHP 20,000.00 across 20 transactions
The Court's Reasoning
The Court cited the deliberate and repeated nature of Barataman's acts, specifically the deposit of court funds in his personal account, the missing official receipts and accountable forms, his failure to file required financial reports, and his utter disregard of lawful directives. The Court also held him personally liable for unearned interest, noting that his prolonged non-remittance resulted in actual financial loss to the judiciary, in violation of Administrative Circular No. 35-2004, which requires the daily or prompt remittance of collections.
The Court cited precedent, including In Re: Ignacio S. Del Rosario (833 Phil. 390 [2018]), where a court employee was dismissed for misappropriating PHP 34,000.00 despite eventual restitution and 33 years of service, with the Court stressing that "its compassion has to yield to the higher demand of upholding the integrity of the Judiciary." The Court also cited In Re: Felipe Kalalo (326 Phil. 703 [1996]), where dismissal was imposed for misappropriating PHP 92,737.00 in JDF collections.
Source: A.M. No. SCC-26-007-P [Formerly JIB FPI No. 24-008-SCC-P], decided by the Supreme Court En Banc, penned by Senior Associate Justice Marvic M.V.F. Leonen.
This report summarizes a public Supreme Court decision and is not legal advice.