THIRD DIVISION
[A.M. No. P-19-3932. March 27, 2019.][Formerly A.M. No. 18-05-99-RTC]
OFFICE OF THE COURT ADMINISTRATOR, petitioner, vs.MS. DELAIDA A. SANCHEZ, STENOGRAPHER III, BRANCH 41, REGIONAL TRIAL COURT, DAGUPAN CITY, PANGASINAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated March 27, 2019, which reads as follows:
"A.M. No. P-19-3932 [formerly A.M. No. 18-05-99-RTC] (Office of the Court Administrator v. Ms. Delaida A. Sanchez, Stenographer III, Branch 41, Regional Trial Court, Dagupan City, Pangasinan). — In a Report 1 dated May 7, 2018, Ryan U. Lopez, Officer-in-Charge, Employees' Leave Division, Office of Administrative Services, Office of the Court Administrator (OCA), transmitted the information that Delaida A. Sanchez (Sanchez), Court Stenographer III, Regional Trial Court (RTC) of Dagupan City, Pangasinan, Branch 41, had incurred tardiness as follows:
|
Month/Year |
Number of Times Tardy |
|
January 2018 |
13 times |
|
February 2018 |
14 times |
Photocopies of Sanchez's time cards for the months of January and February 2018 were attached to the aforementioned report. 2
On May 7, 2018, OCA Chief of Office Caridad A. Pabello referred the matter to Atty. Wilhelmina D. Geronga of the Legal Office of the OCA for appropriate action. 3
The OCA, in its 1st Indorsement 4 dated May 15, 2018, required Sanchez to comment on the report charging her with habitual tardiness. IAETDc
In a Letter 5 dated July 4, 2018, Sanchez admitted her tardiness during those months. She explained that her residence is around 32 kilometers away from office and the usual travel time is two hours. This is likewise aggravated by the volume of commuters in January and February. She added that as a stenographer with voluminous paper works due to continuous trial, she arrives home late and usually sleeps at 12:30 a.m.; hence, she tends to wake up late. She further claimed that as a working mother of two children, she spends her time in the morning attending to their needs. She promised to observe punctuality and stressed that she has been diligent in performing her tasks. 6
The OCA, in its Report 7 dated September 3, 2018, submitted its recommendation, thus:
1. the Report dated 7 May 2018 of 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 Delaida A. Sanchez, Stenographer III, Branch 41, Regional Trial Court, Dagupan City, Pangasinan; and
2. respondent Ms. Sanchez be found GUILTY of habitual tardiness and REPRIMANDED, and STERNLY WARNED that repetition of the same of similar act shall be dealt with severely by the Court. 8
On March 13, 2019, the Court resolved to re-docket the complaint as a regular administrative matter.
Ruling of the Court
The Court adopts the recommendation of the OCA.
The Civil Service Commission (CSC), in its Memorandum Circular No. 23, Series of 1998, promulgated the rules and guidelines on absenteeism and tardiness of public employees, to wit:
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.
Based on the above provision, it is clear that Sanchez has been habitually tardy for having been late more than 10 times for the consecutive months of January and February 2018. The excuses offered by Sanchez are not the kind that would justify her tardiness. The Court has consistently held that moral obligations, the performance of household chores, traffic problems, health conditions, and domestic and financial concerns are not sufficient reasons to excuse habitual tardiness. 9
Like other public servants, court officials and employees are expected to strictly observe official time. As punctuality is a virtue, absenteeism and tardiness are impermissible. 10 By reason of the nature and functions of their office, officials and 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. 11 As an employee of the judiciary, Sanchez failed to live up to the stringent standard of conduct demanded from everyone connected with the administration of justice. DcHSEa
Habitual tardiness is classified as a light offense under Section 50, paragraph F (4), Rule 10 of the 2017 Rules on Administrative Cases in the Civil Service (RACCS) and is punishable by reprimand for the first offense; suspension of one (1) to thirty (30) days for the second offense; and dismissal from the service for the third offense. The Court, likewise, notes that Section 50, paragraph B (6) of the 2017 RACCS also classifies habitual tardiness as a grave offense if reporting late for duty has prejudiced the operations in the office. In this case, however, there is no proof that Sanchez's tardiness adversely affected the operations of her office.
In light of the foregoing, the Court sustains the recommendation of the OCA that Sanchez be reprimanded considering that this is the first time she incurred habitual tardiness.
WHEREFORE, Delaida A. Sanchez, Court Stenographer III, Regional Trial Court of Dagupan City, Pangasinan, Branch 41, is hereby REPRIMANDED for her habitual tardiness and WARNED that a repetition of the same or a similar offense will warrant the imposition of a more severe penalty.
SO ORDERED." (Leonen, J., on wellness leave; Carandang, J., designated as additional Member per Special Order No. 2624 dated November 28, 2018.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 2.
2.Id. at 3-4.
3.Id. at 1.
4.Id. at 5.
5.Id. at 6-7.
6.Id.
7. Signed by Court Administrator Jose Midas P. Marquez and Deputy Court Administrator Raul Bautista Villanueva; id. at 8-9.
8.Id. at 9.
9.Leave Division-OAS, OCA v. Calingasan, 677 Phil. 9, 12 (2011), citing In Re: Imposition of Corresponding Penalties, 456 Phil. 183, 190 (2003).
10.Re: Habitual Tardiness of Sayam, Clerk III, RTC, Br. 5, Cebu City, 544 Phil. 693, 696 (2007), citing Administrative Circular No. 1-99, "Enhancing the Dignity of Courts as Temples of Justice and Promoting Respect for their Officials and Employees," dated January 15, 1999.
11.Id., citing Administrative Circular No. 2-99, "Strict Observance of Working Hours and Disciplinary Action for Absenteeism and Tardiness," dated January 15, 1999.