THIRD DIVISION
[A.M. No. 13-2-10-MCTC. March 18, 2013.]
RE: Dropping from the Rolls of MR. LOWIE T. ALCANTARA, Clerk II, Municipal Circuit Trial Court, Teresa-Baras, Rizal
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated March 18, 2013, which reads as follows:
"A.M. No. 13-2-10-MCTC (Dropping from the Rolls of Mr. Lowie T. Alcantara, Clerk II, Municipal Circuit Trial Court, Teresa-Baras, Rizal). — This administrative matter pertains to the September 7, 2012 letter of Hon. Ma. Socorro Almazan Vista, Presiding Judge of the Municipal Circuit Trial Court (MCTC), Teresa-Baras, Rizal. Judge Vista recommended that Mr. Lowie T. Alcantara, Clerk II, MCTC, Teresa-Baras, Rizal, be dropped from the rolls. The recommendation was made after Mr. Alcantara obtained unsatisfactory performance ratings for five (5) consecutive semesters or within the performance evaluation periods of January to June 2010, July to December 2010, January to June 2011, July to December 2011, and January to June 2012.
For each of his five (5) unsatisfactory performance ratings, Mr. Alcantara was issued memoranda (dated August 10, 2010; February 7, 2011; August 8, 2011; January 31, 2012; and August 1, 2012) by Judge Vista. In these memoranda, Judge Vista repeatedly reminded Mr. Alcantara to improve his performance; otherwise, he would be dropped from the rolls. Per Judge Vista's September 7, 2012 letter, there was no improvement in Mr. Alcantara's work despite the chances given to him. SEDIaH
Office of the Court Administrator (OCA) Circular No. 172-2003 dated December 2, 2003 on "Notice Requirement in the Giving of Unsatisfactory and Poor Performance Rating" states that:
Section 2.2,Rule XII of the Omnibus Rules on Appointments and Other Personnel Actions (CSC MC Number 40, series of 1998) provides that an official or employee who is given two (2) consecutive "Unsatisfactory" ratings or who for one evaluation period is rated "Poor" in performance may be dropped from the rolls after due notice. In order to establish a procedure on the said notice requirement, the following guidelines shall be observed:
1. IN CASE OF UNSATISFACTORY PERFORMANCE RATING
1.1. Notice must be:
1.1.1 in writing;
1.1.2 issued by the supervisor (rater);
1.1.3 served upon the official or employee concerned not less than thirty (30) days from the end of the semester;
1.1.4 sufficient to contain the following:
1.1.4.1 information that the official or employee concerned had unsatisfactory performance for a semester;
1.1.4.2 warning that failure to improve his performance within the remaining period of the semester shall warrant his separation from the service; and
1.1.4.3 information which shall enable the employee to prepare an explanation.
1.2. If in the next succeeding semester the official or employee concerned failed to improve and was given "Unsatisfactory" rating, the Presiding Judge/Executive Judge shall inform the Office of the Court Administrator of the matter with his recommendation on whether or not the said official or employee concerned should be dropped from the rolls attaching thereto all the pertinent documents including the abovementioned notice to and written explanation of the official or employee concerned." [Underscoring supplied]
In accordance with OCA Circular No. 172-2003, the OCA recommended that Mr. Alcantara be dropped from the rolls for obtaining unsatisfactory ratings for five (5) consecutive semesters and that his position be declared vacant. ECTIHa
The Court agrees with the recommendations of the OCA.
Per OCA Circular No. 172-2003, as soon as Mr. Alcantara received his second "unsatisfactory" rating for the semester/performance evaluation period, July to December 2010, there was ample basis for dropping him from the rolls. Yet, in what can only be presumed as an act of leniency, generosity and understanding, it was not until his fifth "unsatisfactory" rating for the semester/performance evaluation period of January to June 2012 that Judge Vista wrote to the OCA recommending that Mr. Alcantara be dropped from the rolls.
Previously, this Court emphasized that "[c]ourt personnel should be examples of responsibility, competence and efficiency, and must discharge their duties with due care and utmost diligence. To keep an employee found to be incompetent and grossly inefficient in the performance of [one's] work would be a great disservice to the public." 1
As this Court noted in Re: Dropping from the Rolls of Ms. Ma. Gracia Cecilia Gionson, Clerk III, Municipal Trial Court in Cities, Office of the Clerk of Court, Davao City, 2"we have to face up to the need to have court employees who not only know their work but are able to perform the work competently, diligently and efficiently. We cannot close our eyes to the basic principle that public office is a public trust. All public officers are accountable to the people at all times and their duties and responsibilities must be strictly performed." 3
We reiterate that Mr. Alcantara received no less than five (5) consecutive "unsatisfactory" ratings. He was shown utmost leniency through the chances given to him. Despite these chances, he failed to improve his performance. Indeed, to allow him to remain in the rolls would be to do a great disservice to the public.
Nevertheless, as this Court noted in the analogous case of Ms. Ma. Gracia Cecilia Gionson, 4"we are not imposing a penalty by dropping a court employee from our roll. Our action will not stop Ms. Gionson from undertaking self-improvement measures on her own, after which she can again seek to be in the public service at the levels that her competence and work attitude would then allow." 5
WHEREFORE, we hereby APPROVE the recommendation of the Office of the Court Administrator that Lowie T. Alcantara, Clerk II, Municipal Circuit Trial Court, Teresa-Baras, Rizal, be DROPPED FROM THE ROLLS and his position be declared VACANT. This separation from the service is non-disciplinary and shall not result in the forfeiture of any benefits he may be entitled to or may qualify for under existing laws. Neither will this disqualify him from re-employment in the government service.
SO ORDERED." CAIHTE
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1.Re: Dropping from the Rolls of Ms. Paciencia E. Ajanab, Court Stenographer I, MCTC, Maluso, Basilan, A.M. No. 08-12-357-MCTC, February 10, 2009, 578 SCRA 176, 180.
2.A.M. No. P-09-2591 (Formerly A.M. No. 08-12-351-MTCC), July 20, 2010.
3.Id., citing Mercado v. Manalo, A.M. No. P-02-1541, February 6, 2002, 376 SCRA 168, 170.
4.Id.
5.Id.