FIRST DIVISION
[A.M. No. P-17-3665. April 1, 2019.]
OFFICE OF THE COURT ADMINISTRATOR, petitioner, vs.CLERK III CYNTHIA G. HERICO, REGIONAL TRIAL COURT, BRANCH 40, DAET, CAMARINES NORTE, respondent.
[A.M. No. P-14-3274. April 1, 2019.][Formerly OCA IPI No. 11-3682-P]
CLERK III CYNTHIA G. HERICO, petitioner, vs.ANTONIO E. MAGISTRADO, LEGAL RESEARCHER II, REGIONAL TRIAL COURT, BRANCH 40, DAET, CAMARINES NORTE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated April 1, 2019which reads as follows:
"A.M. No. P-17-3665 (OFFICE OF THE COURT ADMINISTRATOR, v. Clerk III CYNTHIA G. HERICO, Regional Trial Court, Branch 40, Daet, Camarines Norte.) [from A.M. No. P-14-3274] [Formerly OCA IPI No. 11-3682-P] (Clerk III CYNTHIA G. HERICO v. ANTONIO E. MAGISTRADO, Legal Researcher II, Regional Trial Court, Branch 40, Daet, Camarines Norte.) — After a review of the records herein, the Court ADOPTS the recommendation made by the Office of the Court Administrator (OCA) finding Cynthia G. Herico, Clerk III, Regional Trial Court, Branch 41, Daet, Camarines Norte as guilty in falsifying her daily time records (DTR).
Notably, herein respondent had been out of the office during official work hours to attend the confrontation hearings held at the Barangay Hall of La-on, Daet, Camarines Norte on January 14, 2011 and December 28, 2010. Despite being out of the office during work hours, her daily time record (DTR) for the said dates did not indicate that she went undertime to attend the said hearings. Thus, the OCA had correctly held that she violated OCA Circular No. 7-2003 1 which requires that every court employee must truthfully and accurately enter his/her time of arrival in and departure from the office. Respondent's act constituted falsification, gross dishonesty and blatant disregard of office rules.
Falsification of time records amounts to serious dishonesty, the offense of which is punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense. 2 Considering that this is the respondent's first infraction, We find it proper to impose instead the penalty of Five Thousand Pesos (P5,000.00) with a stern warning that a repetition of the same or similar act shall be dealt with severely by the Court.
ACCORDINGLY, the Court FINDS CYNTHIA G. HERICO GUILTY of Falsification of Official Document; IMPOSES a FINE against her in the amount of Five Thousand Pesos (P5,000.00); and ISSUES a STERN WARNING that a repetition of the same or similar act shall be dealt with more severely. CAIHTE
SO ORDERED." Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Entitled "Certificates of Service and Daily Time Records (DTRs)/Bundy Cards of Judges and Personnel of the Lower Courts" issued on January 9, 2003.
2. Section 46 (B) (1), Rule 10, Revised Rules on Administrative Cases in the Civil Service.