Habitual Tardiness vs. Aida Josefina J. Ignacio etc.

Republic of the PhilippinesSUPREME COURT

SECOND DIVISION

A.M. No. P-08-2482               July 14, 2008

HABITUAL TARDINESS AIDA JOSEFINA J. IGNACIO, MeTC-OCC, Pasay City.

R E S O L U T I O N

TINGA, J.:

Before us is an administrative matter which concerns the habitual tardiness of Aida Josefina J. Ignacio (Ignacio), clerk III of the Metropolitan Trial Court of Pasay City, Branch 48.

The Certification¹ dated 6 December 2007 issued by Chief Judicial Staff Officer Hermogena F. Bayani of the Office of the Administrative Services, Office of the Court Administrator (OCA) shows that Ignacio had incurred tardiness as follows:

April 2007 10 times

May 2007 12 times

July 2007 18 times

August 2007 11 times

September 2007 13 times

October 2007 14 times²

In her Letter³ dated 30 January 2008, Ignacio explained that she often came in late for work because she always had to attend to the needs of her parents as her father had suffered a second stroke in January 2007 and her mother was suffering from hypertension and high blood sugar condition. She also stated that being the only child of her parents remaining in the country, she often acted as their sole caregiver. Nevertheless, she expressed deep regrets for her tardiness and accordingly pledged to report for work on time.

The OCA found that Ignacio’s explanation does not merit consideration to justify her habitual tardiness and recommended that she be reprimanded and warned that a repetition of the same or similar offense will warrant the imposition of a more severe penalty.

The Court approves the OCA’s findings and recommendations.

Civil Service Memorandum Circular No. 23, series of 1998 describes habitual tardiness as follows:

Any employee shall be considered habitually tardy if he incurs tardiness, regardless of the number of minutes, ten (10) times a month for at least two (2) months in a semester or at least two (2) consecutive months during the year.

It is unequivocal that Ignacio is guilty of habitual tardiness. Her explanation and apology failed to justify the tardiness she had incurred and her exemption from the imposition of the penalties provided by law. Moral obligations, performance of household chores, traffic problems and health, domestic and financial concerns are not sufficient reasons to excuse habitual tardiness.⁴

Ignacio fell short of the stringent standard of conduct demanded from everyone connected with the administration of justice. By reason of the nature and functions of the judiciary where she belongs, its employees must be role models in the faithful observance of the constitutional canon that public office is a public trust. Inherent in this mandate is the observance of prescribed office hours and the efficient use of every moment thereof for public service, if only to recompense the government, and ultimately the people who shoulder the cost of maintaining the judiciary. Thus, to inspire public respect for the justice system, court officials and employees are at all times behooved to strictly observe official time. As punctuality is a virtue, absenteeism and tardiness are impermissible.⁵1avvphi1

Section 52(c)(4), Rule VI of Civil Service Circular No. 19, series of 1999 on the Revised Uniform Rules on Administrative Cases in the Civil Service, provides:

C. The following are Light Offenses with corresponding penalties:

x x x

4. Frequent unauthorized tardiness (Habitual Tardiness)

1st Offense - Reprimand

2nd Offense - Suspension 1-30 days

3rd Offense - Dismissal

x x x

Considering that this is Ignacio’s first offense, the penalty of reprimand is appropriate.

WHEREFORE, Aida Josefina J. Ignacio, Clerk III of the Metropolitan Trial Court of Pasay City, Branch 48, is found guilty of habitual tardiness and is hereby REPRIMANDED with a stern

warning that a repetition of the same or similar offense shall be dealt with more severely.

SO ORDERED.

DANTE O. TINGA

WE CONCUR:

LEONARDO A. QUISUMBING

CONSUELO YNARES-SANTIAGO

CONCHITA CARPIO MORALES

PRESBITERO J. VELASCO, JR.

Footnotes

¹ Rollo, p. 2.

² Id.

³ Id. at 10.

⁴ Re: Habitual Tardiness of Mrs. Natividad M. Calingao, Clerk III, RTC, Br. 255, Las Piñas City, A.M. No. P-05-2080, 5 October 2005, 472 SCRA 88, 90.

⁵ Re: Habitual Tardiness of Ma. Socorro E. Arnaez, Court Stenographer III, RTC, Br. 18, Cebu City, A.M. No. P-04-1867 (Formerly A.M. No. 04-6-355-RTC), 23 September 2005, 470 SCRA 604, 606-607.