FIRST DIVISION
[A.M. No. P-19-3974. July 3, 2019.]
OFFICE OF THE COURT ADMINISTRATOR, petitioner, vs.UTILITY WORKER I JOEL S. SANCHEZ, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, CALOOCAN CITY [FORMERLY A.M. NO. 17-06-144-RTC (HABITUAL TARDINESS OF UTILITY WORKER I JOEL S. SANCHEZ, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, CALOOCAN CITY)], respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 3, 2019which reads as follows:
"A.M. No. P-19-3974 (Office of the Court Administrator vs. Utility Worker I Joel S. Sanchez, Office of the Clerk of Court, Regional Trial Court, Caloocan City) [formerly A.M. No. 17-06-144-RTC (Habitual Tardiness of Utility Worker I Joel S. Sanchez, Office of the Clerk of Court, Regional Trial Court, Caloocan City)]
This administrative matter stemmed from the Report 1 dated April 4, 2017 of Mr. Ryan U. Lopez, Officer-in-Charge of the Employees' Leave Division, Office of Administrative Services (OAS), Office of the Court Administrator (OCA), stating that Mr. Joel S. Sanchez, Utility I, Office of the Clerk of Court, Regional Trial Court, Caloocan City, incurred the following tardiness: April 2016 — 15 times; May 2016 — 12 times; and June 2016 — 13 times. HTcADC
Via 1st Indorsement 2 dated June 19, 2017, Mr. Sanchez was directed to comment on the above-mentioned report within 10 days from notice.
In his Comment 3 dated March 15, 2018, Sanchez admitted his tardiness and explained that it was due to the road works along Santolan, Malabon. This was aggravated by the fact that there was no alternative route from his residence located at Balangkas, Valenzuela City, to his office in Caloocan City.
The Report and Recommendation of the OCA
In a Memorandum 4 dated April 1, 2019, the OCA found Sanchez guilty of habitual tardiness. The OCA recommended that the instant administrative case be re-docketed as a regular administrative matter, and Sanchez be reprimanded and sternly warned that a repetition of the same or any similar act in the future shall be dealt with severely.
The Ruling of the Court
After a perusal of the records of the case, the Court finds the recommendation of the OCA proper under the circumstances.
The Court has consistently held that "moral obligations, performance of household chores, traffic problems and health, domestic and financial concerns are not sufficient reasons to excuse habitual tardiness." 5 Court officials and employees must "strictly observe official time. As punctuality is a virtue, absenteeism and tardiness are impermissible." 6
Considering that Sanchez' explanation is not acceptable, he is indeed guilty of habitual tardiness pursuant to Civil Service Memorandum Circular No. 23 7 which provides that an employee "shall be considered habitually tardy if he incurs tardiness, regardless of the number of minutes, 10 times a month for at least two (2) months in a semester or at least two (2) consecutive months during the year." Since this is Sanchez' first offense, the penalty of reprimand is appropriate in accordance with Section 50, paragraph F (4), Rule 10 of the 2017 Rules on Administrative Cases in the Civil Service. 8
WHEREFORE, Mr. Joel S. Sanchez, Utility I, Office of the Clerk of Court, Regional Trial Court, Caloocan City, 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. CAIHTE
The Report dated April 4, 2017 of Mr. Ryan U. Lopez, Officer-in-Charge, Employees' Leave Division, Office of Administrative Services, Office of the Court Administrator, stating that Utility Worker I Joel S. Sanchez has incurred tardiness in the following months in 2016: April (15 times), May (12 times) and June (13 times), the comment dated March 15, 2018 of Utility Worker I Joel S. Sanchez on the report, and the Report dated April 1, 2019 of the Office of the Court Administrator, are all NOTED.
The Report dated April 4, 2017 of Mr. Ryan U. Lopez is RE-DOCKETED as a regular administrative matter against Utility Worker I Joel S. Sanchez.
SO ORDERED."Gesmundo, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo at p. 2.
2.Id. at 5.
3.Id. at 12.
4.Id. at 13-15.
5.Re-Imposition of Corresponding Penalties for Habitual Tardiness Committed during the Second Semester of 2002, A.M. No. 00-6-09-SC, August 14, 2003, 409 SCRA 9, 15.
6. Administrative Circular No. 1-99. Enhancing the Dignity of Courts as Temples of Justice and Promoting Respect for their Officials and Employees.
7. Series of 1998.
8. CSC Resolution No. 1701077 (August 17, 2017).