THIRD DIVISION
[A.M. No. P-20-4053. June 16, 2021.][Formerly A.M. No. 19-07-165-RTC]
OFFICE OF THE COURT ADMINISTRATOR, petitioner,vs. MS. EMILY MAE M. FERRER, COURT STENOGRAPHER III, REGIONAL TRIAL COURT [RTC], BRANCH 19, CEBU CITY, CEBU, respondent.
IN RE: HABITUAL TARDINESS OF EMILY MAE M. FERRER, COURT STENOGRAPHER III, BRANCH 19, REGIONAL TRIAL COURT, CEBU CITY, CEBU
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 16, 2021, which reads as follows:
"A.M. No. P-20-4053 (Office of the Court Administrator v. Ms. Emily Mae M. Ferrer, Court Stenographer III, Regional Trial Court [RTC], Branch 19, Cebu City, Cebu) [Formerly A.M. No. 19-07-165-RTC] (In Re: Habitual Tardiness of Emily Mae M. Ferrer, Court Stenographer III, Branch 19, Regional Trial Court, Cebu City, Cebu). — Before the Court is an Administrative Matter against Emily Mae M. Ferrer (Ferrer) for Habitual Tardiness.
Antecedent Facts
In the June 18, 2019 Report of Ryan U. Lopez, Officer-in-Charge, Employees' Leave Division, Office of the Administrative Services, Office of the Court Administrator (OCA), Ferrer, Court Stenographer III of the Regional Trial Court (RTC) of Cebu City, Branch 19, was habitually tardy during the following months in 2019:
February — 16 times
March — 13 times 1
In the 1st Indorsement dated July 16, 2019, which Ferrer received on August 30, 2019, she was directed to comment on the report. In her Comment dated September 5, 2019, Ferrer admitted her tardiness and that it was caused by her duties and responsibilities as a mother of two (2) children (aged fifteen and seven), while her husband was, at the time, working overseas. 2
Ferrer explains that "sometime in February," during the period that she was habitually tardy, her 15-year old son ran away from home. She had to meet his teachers, schoolmates, girlfriend, and school director to report his actions and investigate on what was happening to her son. She also took steps to address her domestic problems and asked her husband to resign and return to the Philippines. 3
The Action and Recommendation of the OCA
On December 12, 2019, the OCA reported that in her Comment 4 dated September 5, 2019, Ferrer is aware that she had been habitually tardy since she had domestic problems and that she has already taken steps to address this. She is now asking leniency from the Court since her husband is no longer employed abroad which will greatly affect her family's finances and promises that she will be punctual for work hereon. 5
The OCA also reported that this is not Ferrer's first time to commit the infraction. 6
In a previous Resolution dated October 19, 2016, the Court found Ferrer guilty of habitual tardiness in the months of February and March 2015 and imposed upon her the penalty of a reprimand with a stern warning that a repetition of the same offense shall be dealt with severely. 7
The OCA then recommended the following for the consideration of the Honorable Court:
1. The Report dated 18 June 2019 by Mr. Ryan U. Lopez, Officer-in-Charge, Employees' Leave Division, Office of Administrative Services, Office of the Court Administrator, be RE-DOCKETED as a regular administrative matter against respondent Emily Mae M. Ferrer, Court Stenographer III, Branch 19, Regional Trial Court, Cebu City, Cebu; and
2. respondent Ferrer be found GUILTY of Habitual Tardiness in the months of February and March 2019 for a total of twenty-nine (29) days, and be FINED in the amount of Ten Thousand Pesos (P10,000.00) with a STERN WARNING that a repetition of the same offense shall warrant her dismissal from the service. 8
The Issue
The issue for the Court's resolution is whether Ferrer is administratively liable for habitual tardiness.
The Court's Ruling
The Court affirms the findings of the OCA.
Under CSC Memorandum Circular No. 23, Series of 1998, an officer or employee of the civil service 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. 9
Civil Service Commission Memorandum Circular No. 19, Series of 1999 amended the Memorandum and provided for the following penalties for habitual tardiness:
First Offense — Reprimand
Second Offense — Suspension for 1 to 30 days
Third Offense — Dismissal. 10
The Court finds that Ferrer is administratively liable for habitual tardiness based on the OCA's findings. The Court has ruled that her explanation does not justify her failure to report on work on time. The Court has previously held that moral obligations, performance of household chores, traffic problems and health, domestic and financial concerns are not sufficient reasons to excuse habitual tardiness, although these may be considered to mitigate administrative liability. 11
It is a canon under the Constitution that a public office is a public trust. This canon includes the mandate for the observance of prescribed office hours and the efficient use of every moment of such for the public service, because only by it may public servants recompense the Government and the people for shouldering the costs of maintaining the Judiciary. Accordingly, court officials and employees must at all times strictly observe official hours to inspire the public's respect for the justice system. 12
In Ferrer's first offense, 13 she was reprimanded and sternly warned. The Court takes into consideration that Ferrer has already taken the necessary steps to address her habitual tardiness. The Court affirms the recommendation of the OCA of the penalty of a fine of Ten Thousand Pesos (P10,000.00). 14
IN VIEW OF THE FOREGOING, respondent Emily Mae M. Ferrer, Court Stenographer III, Regional Trial Court of Cebu City, Branch 19 is found GUILTY or Habitual Tardiness and is hereby FINED in the amount of Ten Thousand Pesos (P10,000.00) with a STERN WARNING that a repetition of the same or similar offense will be dealt with more severely.
SO ORDERED." (Hernando, J., on official leave.)
By authority of the Court:
MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
By:
(SGD.) RUMAR D. PASIONDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 9.
2.Id. at 5-8.
3.Id. at 9.
4.Id. at 6.
5.Id. at 7.
6.Id. at 9.
7.Id.
8.Id. at 11.
9.Re: Habitual Tardiness of Sayam, 544 Phil. 693 (2007).
10.Re: Habitual Tardiness First Semester 2002, 440 Phil. 349 (2002).
11.Re: Rosemarie B. Pe, 483 Phil. 120 (2004).
12.Habitual Tardiness of De Guzman, AM. No. P-13-3142, September 18, 2013 (Resolution).
13.Office of the Court Administrator v. Clerk III Emily Mae M. Ferrer, Regional Trial Court, Branch 19, Cebu City, A.M. No. P-16-3590, October 19, 2016 (Resolution).
14.Rollo, p. 11.