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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-2003 Jurisprudence                 

  • A.C. No. 4984 April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

  • A.M. No. MTJ-03-1485 April 1, 2003 - FIDEL ISIP, JR. v. VALENTINO B. NOGOY

  • A.M. Nos. P-02-1620, P-02-1621, P-02-1622 & P-96-1194 April 1, 2003 - MELINDA F. PIMENTEL v. PERPETUA SOCORRO M. DE LEOZ

  • A.M. No. P-02-1643 April 1, 2003 - DIMAS ABALDE v. ANTONIO ROQUE

  • G.R. No. 137782 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTURO R. NICOLAS

  • G.R. No. 138470 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO GARCIA

  • G.R. No. 143084 April 1, 2003 - PEOPLE OF THE PHIL. v. JOSE TORELLOS

  • G.R. No. 148635 April 1, 2003 - MARILLA MAYANG CAVILE, ET AL. v. HEIRS OF CLARITA CAVILE, ET AL.

  • G.R. No. 149453 April 1, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • A.M. No. 01-1-13-RTC April 2, 2003 - RE: Report on the Examination of the Cash and Accounts

  • A.M. No. P-02-1545 April 2, 2003 - ZENAIDA C. GUTIERREZ, ET AL. v. RODOLFO V. QUITALIG

  • G.R. No. 139412 April 2, 2003 - PEOPLE OF THE PHIL. v. RONALD CASTILLANO, ET AL.

  • G.R. Nos. 149028-30 April 2, 2003 - PEOPLE OF THE PHIL. v. ARMANDO CABALLERO, ET AL.

  • G.R. No. 149893 April 2, 2003 - PEOPLE OF THE PHIL. v. MELCHOR RABAGO

  • A.C. No. 4958 April 3, 2003 - FIDEL D. AQUINO v. OSCAR MANESE

  • A.M. No. MTJ-02-1436 April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

  • A.M. No. P-02-1595 April 3, 2003 - TIMOTEO M. CASANOVA, JR. v. FELIZARDO P. CAJAYON

  • A.M. No. P-02-1650 April 3, 2003 - ZENAIDA REYES-MACABEO v. FLORITO EDUARDO V. VALLE

  • G.R. Nos. 111098-99 April 3, 2003 - PEOPLE OF THE PHIL. v. PIO BISO

  • G.R. Nos. 143976 & 145846 April 3, 2003 - SPS. OSCAR and HAYDEE BADILLO v. ARTURO G. TAYAG, ET AL.

  • G.R. No. 144444 April 3, 2003 - STATE INVESTMENT TRUST v. DELTA MOTORS CORP.

  • G.R. No. 150978 April 3, 2003 - POWTON CONGLOMERATE v. JOHNNY AGCOLICOL

  • G.R. No. 155875 April 3, 2003 - AGAPITO CRUZ FIEL, ET AL. v. KRIS SECURITY SYSTEMS, INC., ET AL.

  • A.M. No. MTJ-03-1482 April 4, 2003 - ILUMINADA SANTILLAN VDA. DE NEPOMUCENO v. NICASIO V. BARTOLOME

  • A.M. No. P-03-1690, MTJ-01-1363 & 01-12-02-SC April 4, 2003 - ESTRELLITA M. PAAS v. EDGAR E. ALMARVEZ

  • G.R. No. 108405 April 4, 2003 - JAIME D. VIERNES, ET AL. v. N;RC, ET AL.

  • G.R. No. 117020 April 4, 2003 - VIRON TRANSPORTATION CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125938 April 4, 2003 - PEOPLE OF THE PHIL. v. JOEL JANSON, ET AL.

  • G.R. No. 140756 April 4, 2003 - PEOPLE OF THE PHIL. v. JUAN GONZALES ESCOTE, ET AL.

  • G.R. No. 141631 April 4, 2003 - PEOPLE OF THE PHIL. v. FERDINAND FRANCISCO

  • G.R. No. 143135 April 4, 2003 - REPUBLIC OF THE PHIL. v. DAMAYAN NG PUROK 14, INC.

  • G.R. No. 143779 April 4, 2003 - FRANCISCA L. MARQUEZ v. SIMEON BALDOZ

  • G.R. Nos. 145309-10 April 4, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO FLORES

  • G.R. Nos. 144476 & 144629 April 8, 2003 - ONG YONG, ET AL. v. DAVID. S. TIU, ET AL.

  • G.R. No. 149022 April 8, 2003 - CARMENCITA D. CORONEL v. ANIANO A. DESIERTO, ET AL.

  • A.M. No. MTJ-02-1428 April 9, 2003 - ARFRAN L. QUIÑONES v. FRANCISCO H. LOPEZ

  • A.M. No. P-02-1580 April 9, 2003 - RENE ESPINA v. JUAN A. GATO

  • A.M. No. RTJ-01-1630 April 9, 2003 - HEINZ R. HECK v. ANTHONY E. SANTOS

  • G.R. No. 119255 April 9, 2003 - TOMAS K. CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126968 April 9, 2003 - RICARDO BALUNUECO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128568 April 9, 2003 - SPS. REYNALDO and ESMERALDA ALCARAZ v. PEDRO M. TANGGA-AN, ET AL.

  • G.R. No. 132371 April 9, 2003 - PEOPLE OF THE PHIL. v. DANILO Q. SIMBAHON

  • G.R. No. 133003 April 9, 2003 - PEOPLE OF THE PHIL. v. LAWRENCE MACAPANPAN, ET AL.

  • G.R. No. 141258 April 9, 2003 - TOMASA SARMIENTO v. SPS. LUIS & ROSE SUN-CABRIDO ET AL.

  • G.R. Nos. 141314 & 141369 April 9, 2003 - REPUBLIC OF THE PHIL. REPRESENTED BY ENERGY REGULATORY BOARD v. MERALCO

  • G.R. No. 143004 April 9, 2003 - PEOPLE OF THE PHIL. v. DANTE CLIDORO

  • G.R. No. 143432 April 9, 2003 - PEOPLE OF THE PHIL. v. TERENCIO L. FUNESTO

  • G.R. No. 146034 April 9, 2003 - PEOPLE OF THE PHIL. v. LASTIDE A. SUBE, ET AL.

  • G.R. No. 146815 April 9, 2003 - HEIRS OF PEDRO, ET AL. v. STERLING TECHNOPARK III ET AL.

  • G.R. No. 147468 April 9, 2003 - SPS. EDUARDO & JOSEFINA DOMINGO v. LILIA MONTINOLA ROCES, ET AL.

  • G.R. No. 147745 April 9, 2003 - MARIA BUENA OBRA v. SOCIAL SECURITY SYSTEM

  • G.R. No. 148727 April 9, 2003 - SPS. HERMOGENA AND JOSE ENGRESO v. NESTORIA DE LA CRUZ, ET AL.

  • G.R. No. 149038 April 9, 2003 - PHIL. AMERICAN GENERAL INSURANCE COMPANY v. PKS SHIPPING COMPANY

  • G.R. No. 149110 April 9, 2003 - NATIONAL POWER CORPORATION v. CITY OF CABANATUAN

  • G.R. No. 149422 April 10, 2003 - DEPARTMENT OF AGRARIAN REFORM v. APEX INVESTMENT AND FINANCING CORP.

  • G.R. No. 149578 April 10, 2003 - EVELYN TOLOSA v. NLRC, ET AL.

  • G.R. No. 143540 April 11, 2003 - JOEL G. MIRANDA v. ANTONIO C. CARREON, ET AL.

  • G.R. No. 148138 April 11, 2003 - PEOPLE OF THE PHIL. v. JOHNNY VIAJEDOR

  • A.M. No. P-02-1645 April 21, 2003 - GILBERT HOWARD M. ATIENZA v. JOSEPHINE V. DINAMPO

  • A.M. No. P-03-1695 April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

  • A.M. No. RTJ-03-1756 April 22, 2003 - AURORA S. GONZALES v. VICENTE A. HIDALGO

  • G.R. No. 127745 April 22, 2003 - FELICITO G. SANSON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129163 April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138650-58 April 22, 2003 - PEOPLE OF THE PHIL. v. IGNACIO SINORO

  • G.R. No. 140707 April 22, 2003 - NORGENE POTENCIANO, ET AL. v. DWIGHT "IKE" B. REYNOSO, ET AL.

  • G.R. No. 146942 April 22, 2003 - CORAZON G. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 152329 April 22, 2003 - ALEJANDRO ROQUERO v. PHILIPPINE AIRLINES, INC.

  • A.M. No. RTJ-03-1763 April 24, 2003 - JOSE B. TIONGCO v. FLORENTINO P. PEDRONIO

  • A.M. No. RTJ-03-1770 April 24, 2003 - MELISSA E. MAÑO v. CAESAR A. CASANOVA

  • G.R. No. 123968 April 24, 2003 - URSULINA GANUELAS, ET AL. v. ROBERT T. CAWED, ET AL.

  • G.R. No. 137182 April 24, 2003 - PEOPLE OF THE PHIL. v. ABDILA L. SILONGAN, ET AL.

  • G.R. Nos. 137458-59 April 24, 2003 - PEOPLE OF THE PHIL. v. JESUS G. BATOCTOY, ET AL.

  • G.R. No. 137601 April 24, 2003 - PEOPLE OF THE PHIL. v. WINCHESTER ABUT, ET AL.

  • G.R. No. 139230 April 24, 2003 - PEOPLE OF THE PHIL. v. MANUEL DANIELA, ET AL.

  • G.R. No. 143672 April 24, 2003 - COMMISSIONER OF INTERNAL REVENUE v. GENERAL FOODS (PHILS.), INC.

  • G.R. No. 145915 April 24, 2003 - PEOPLE OF THE PHIL. v. VILMA Z. ALMENDRAS, ET AL.

  • G.R. No. 147038 April 24, 2003 - RICHARD TEH v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1370 April 25, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. AGUSTIN T. SARDIDO

  • G.R. No. 118749 April 25, 2003 - SPS LORENZO and LORENZA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141187 April 28, 2003 - PEOPLE OF THE PHIL. v. RONNIE A. MACTAL

  • A.C. No. 5225 April 29, 2003 - SPS. WILFREDO & LYDIA BOYBOY v. VICTORIANO R. YABUT, JR.

  • A.M. No. MTJ-02-1453 April 29, 2003 - EDITHA PALMA GIL v. FRANCISCO H. LOPEZ, JR.

  • A.M. No. P-02-1615 April 29, 2003 - PEDRO MAGNAYE v. ERIBERTO R. SABAS

  • G.R. No. 119858 April 29, 2003 - EDWARD C. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 122363 April 29, 2003 - VICTOR G. VALENCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127002 April 29, 2003 - JEREMIAS L. DOLINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135394 April 29, 2003 - JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA, ET AL.

  • G.R. No. 139841 April 29, 2003 - EMILIO C. VILLAROSA v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 141518 April 29, 2003 - PEOPLE OF THE PHIL. v. CLARENCE ASTUDILLO, ET AL.

  • G.R. No. 142015 April 29, 2003 - RURAL BANK OF STA. IGNACIA v. PELAGIA DIMATULAC

  • G.R. No. 147230 April 29, 2003 - PEOPLE OF THE PHIL. v. REYNALDO R. REMERATA

  • G.R. No. 150656 April 29, 2003 - MARGARITA ROMUALDEZ-LICAROS v. ABELARDO B. LICAROS

  • A.C. No. 4724 April 30, 2003 - GORETTI ONG v. JOEL M. GRIJALDO

  • A.M. No. CA-99-9-P April 30, 2003 - MAGTANGGOL GABRIEL v. VIRGINIA C. ABELLA, ET AL.

  • A.M. No. P-00-1445 April 30, 2003 - MEDARDO M. PADUA v. IRENEO S. PAZ

  • A.M. No. P-02-1599 April 30, 2003 - LEANDRO T. LOYAO v. MAMERTO J. CAUBE, ET AL.

  • A.M. No. P-02-1600 April 30, 2003 - DOMINADOR. AREVALO, ET AL. v. EDGARDO S. LORIA, ET AL.

  • A.M. No. P-03-1696 April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

  • A.M. RTJ No. 03-1761 April 30, 2003 - JOSE B. CUSTODIO v. JESUS V. QUITAIN

  • A.M. No. RTJ-03-1775 April 30, 2003 - ISAGANI A. CRUZ v. PHILBERT I. ITURRALDE

  • A.M. No. RTJ-03-1779 April 30, 2003 - JOVENCITO R. ZUÑO, ET AL. v. ARNULFO G. CABREDO

  • G.R. Nos. 107789 & 147214 April 30, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN ET AL.

  • G.R. No. 116326 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

  • G.R. No. 121211 April 30, 2003 - PEOPLE OF THE PHIL. v. RONETO DEGAMO

  • G.R. No. 121637 April 30, 2003 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 125761 April 30, 2003 - SALVADOR P. MALBAROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126568 April 30, 2003 - QUIRINO GONZALES LOGGING CONCESSIONAIRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126911 April 30, 2003 - PHIL. DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127141 April 30, 2003 - SPS. EMMANUEL and MELANIE LANTIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 128378 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT GOMEZ, ET AL.

  • G.R. No. 128512 & 128963 April 30, 2003 - DARIO P. BELONGHILOT v. RTC OF ZAMBOANGA DEL NORTE

  • G.R. No. 129090 April 30, 2003 - RICARDO B. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129895 April 30, 2003 - PEOPLE OF THE PHIL. v. ARMANDO C. DALAG

  • G.R. No. 134940 April 30, 2003 - PEOPLE OF THE PHIL. v. CATALINO MELENDRES

  • G.R. No. 138266 April 30, 2003 - PEOPLE OF THE PHIL. v. PEDRO CABRERA, JR.

  • G.R. No. 139876 April 30, 2003 - WILLIAM TIU and/or THE ROUGH RIDERS v. JULIO PASAOL, ET AL.

  • G.R. No. 140753 April 30, 2003 - BENJAMIN S. SANTOS v. ELENA VELARDE, ET AL.

  • G.R. No. 141375 April 30, 2003 - MUNICIPALITY OF KANANGA v. FORTUNITO L. MADRONA, ET AL.

  • G.R. No. 142435 April 30, 2003 - ESTELITA BURGOS LIPAT, ET AL. v. PACIFIC BANKING CORP., ET AL.

  • G.R. No. 142591 April 30, 2003 - JOSEPH CHAN, ET AL. v. BONIFACIO S. MACEDA

  • G.R. Nos. 144445-47 April 30, 2003 - PEOPLE OF THE PHIL. v. GENARO BIONG

  • G.R. No. 146099 April 30, 2003 - PEOPLE OF THE PHIL. v. JIMMEL SANIDAD, ET AL.

  • G.R. No. 146481 April 30, 2003 - ARTURO G. RIMORIN, SR. v. PEOPLE OF THE PHIL.

  • G.R. Nos. 146685-86 April 30, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN M. HILET

  • G.R. Nos. 146862-64 April 30, 2003 - PEOPLE OF THE PHIL. v. GAUDENCIO D. UMBAÑA

  • G.R. No. 146886 April 30, 2003 - DEVORAH E. BARDILLON v. BARANGAY MASILI of Calamba, Laguna

  • G.R. No. 146923 April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 147033 April 30, 2003 - PEOPLE OF THE PHIL. v. MARIO UMAYAM

  • G.R. Nos. 148394-96 April 30, 2003 - PEOPLE OF THE PHIL. v. ROGER ELIARDA

  • G.R. No. 150179 April 30, 2003 - HEIRS OF WILLIAM SEVILLA, ET AL. v. LEOPOLDO SEVILLA, ET AL.

  • G.R. Nos. 150820-21 April 30, 2003 - SPS. ANTONIO and GENOVEVA BALANON-ANICETE, ET AL. v. PEDRO BALANON

  • G.R. No. 154037 April 30, 2003 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENJAMIN VERGARA, ET AL.

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    A.M. No. P-03-1695   April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. P-03-1695. April 21, 2003.]

    ARTEMIO H. QUIDILLA, JR., Petitioner, v. JUNAR G. ARMIDA, Respondent.

    D E C I S I O N


    SANDOVAL-GUTIERREZ, J.:


    This administrative case stemmed from the Office Memorandum dated March 2, 2001 issued by complainant Atty. Artemio H. Quidilla, Jr., Clerk of Court, Regional Trial Court, Laoag City, charging respondent Junar G. Armida, Clerk III of the same court, with habitual absenteeism and tardiness, thus:jgc:chanrobles.com.ph

    "(1) Habitual absences without approved leave or failure to apply for sick or vacation leave of absences within a reasonable time on the following dates:chanrob1es virtual 1aw library

    January 2001 February 2001

    02 02

    04 05

    09 a.m. 06 p.m.

    12 07 a.m.

    15 p.m. 08

    16 09

    20 a.m. 12 p.m.

    31 13 p.m.

    16 p.m.

    23

    (2) Habitual tardiness on the following dates:chanrob1es virtual 1aw library

    January 2001 February 2001

    03 a.m. 06 a.m.

    05 a.m. 12 a.m.

    08 a.m. 13 a.m.

    15 a.m. 14 a.m./p.m.

    17 a.m. 15 a.m.

    18 a.m. 19 a.m.

    19 a.m. 20 a.m.

    29 a.m. 21 a.m.

    22 a.m

    28 a.m.

    March 2001 December 2001

    01 a.m. 01 a.m. 15 a.m.

    02 a.m. 04 a.m. 19 a.m.

    07 a.m. 20 a.m.

    08 a.m. 21 a.m.

    12 a.m. 26 p.m.

    13 a.m. 28 a.m./p.m.

    14 a.m. 29 a.m.

    (3) Your time card was punched-in in the morning of January 2, 22 and 31, 2001 indicating that you came in; yet you were absent on said dates." 1

    In his letter-explanation dated March 7, 2001, respondent admitted having committed the acts complained of, but pleaded for forgiveness and consideration. He explained that he incurred tardiness in reporting for work because he lives in the remote town of Nueva Era, Ilocos Norte which is forty-eight (48) kilometers away from his workplace in Laoag City. As to his absences, he stated that he was then "suffering from a recurrent poignant headache and stomach ache." He admitted that on January 2, 22 and 31, 2001, he was late and after punching-in his time card, he went home because he was ill. He said he applied for vacation and sick leave on those days he was absent but failed to submit them on time.chanrob1es virtua1 law library

    Complainant, in his letter-reply dated March 9, 2001, 2 found respondent’s explanation "unconvincing" and "untenable," thus:jgc:chanrobles.com.ph

    "x       x       x

    "You have been in this Office for more than five (5) years; more than two (2) years of which was under my supervision. Interestingly, it is only now — on the dates enumerated in the office memorandum of March 2, 2001 — that you are coming to office late and it started after you were directed to explain in writing why you should not be recommended for disciplinary action, contained in the office memorandum dated November 15, 2000. It may appear coincidental but in the undersigned’s mind, you have been coming late because you resented when your attention was called concerning your absences.

    "Another reason that militates against your excuses is the fact that your residence may be relatively remote but not isolated. Nueva Era is now very much accessible considering that there are so many jeepneys plying the Nueva Era-Laoag City route that departs from Nueva Era bound for Laoag City as early as 5:00 o’clock a.m. . . . . There are other court employees who hail from Nueva Era and other far-flung areas of the province like Pagudpud. Take the case of Mr. Nikolai B. Alejandro, Clerk III, Branch 12; Mr. Felimon Dumaguing, Electrician; and Ms. Marilyn Galat, this Office, who also comes from Nueva Era and Pagudpud, respectively, yet they still arrived at the office on time.

    "On your alleged suffering from recurring poignant headache and stomach ache, the undersigned heard this excuse for the first time. You never told the undersigned of such recurring sickness before. In fact, you never presented any excuses at all.

    "When the undersigned called your attention sometime in the latter part of February this year concerning your habitual tardiness and the reason your bundy time card was punched-in in the morning of January 22, 2001 despite your absence from office, you replied that you were not aware who did it. You swear that somebody must have done it but you neither authorized nor consented to it. This is in total contrast to your claim now that your personally punched-in your time card on January 2, 22 and 31, 2001, but you allegedly went home later because you were not feeling well.

    "If you really reported to office late or otherwise on January 2, 22 and 31, 2001 as you claim but you went home after punching-in your card, why did you not inform me of your inability to report to work? . . . .

    "Your submission of application for leave only now after you have been directed to explain is a mere subterfuge to evade administrative liability. Had you not been directed to explain, would you still care to submit application for leave for your admitted absences on February 5–9 and 23, 2001? How about your absences in January, 2001?

    "As you admitted, this is not the first time that your attention was called concerning your absences without leave. The first was on March 28, 2000 and the second on November 15, 2000. You promised to reform but it appears you are incorrigible by keeping on absenting which became a habit.

    "With much regret, the undersigned finds your explanation and promise unworthy of attention and belief. In the interest of public service, you will be recommended for proper administrative investigation/action by higher authorities." 3

    On March 12, 2001, complainant referred the matter to Executive Judge Perla B. Querubin, recommending that proper administrative disciplinary action be taken against respondent 4

    Judge Querubin agreed with Atty. Quidilla in his findings and recommendation. Noting, however, that the charges against respondent constitute grave offenses, she transmitted the records to the Office of the Court Administrator (OCA) for appropriate action. 5

    The OCA then directed respondent to submit his comment on the complaint. In his comment dated December 21, 2001, he reiterated his admission of having committed habitual absenteeism and tardiness, but begged for clemency and forgiveness and another chance to reform and prove his worth as a public servant. 6

    In his Report to this Court dated January 8, 2003, Court Administrator Presbitero J. Velasco, Jr. recommended that: (a) this case be docketed as a regular administrative matter; and (b) respondent be held liable for conduct prejudicial to the best interest of the service and be suspended from the service for a period of six months and one day, with a stern warning that a repetition of the same or similar acts would be dealt with more severely. His recommendation is based on the following findings:jgc:chanrobles.com.ph

    "x       x       x

    "Formal investigation of the charge against the respondent is no longer necessary in view of his admission of tardiness in reporting for work (Seguisabal v. Cabrera, Adm. Matter No. 2209-CTJ, August 27, 1981, 106 SCRA 670).

    "Verification at the Leave Division of the Supreme Court shows that respondent has habitually incurred tardiness in reporting for work (and absences).

    "Civil Service Memorandum Circular No. 04, Series of 1991, defines habitual tardiness as follows:chanrob1es virtual 1aw library

    ‘An officer or employee in the Civil Service shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the leave law for at least three (3) consecutive months during the year.’

    "Given respondent’s utter disregard of his duties as a public servant and responsibilities as a court employee, respondent has failed to live up to the exacting standards for public office. As held in Garcia v. Eullara, ‘the conduct and behavior of everyone connected with an office charged with the dispensation of justice, like the court below, from the presiding judge to the lowest clerk, should be circumscribed with the heavy burden of responsibility’ (cited in Re: Absence Without Official Leave of Ms. Lilian B. Bantog, Court Stenographer, RTC, Branch 168, Pasig City, A.M. No. 00-11-521-RTC, June 20, 2001).

    "Respondent’s habitual absences from work without the corresponding application for leave of absence being filed within a reasonable time, and habitual tardiness in office, constitute grave (offense) prejudicial to the best interest of the service as provided for in CSC Memorandum Circular No. 04, S. 1991." 7

    As aptly stated by Court Administrator Velasco, a formal investigation of this case is no longer necessary considering respondent’s admission of the charges of habitual absenteeism and tardiness.chanrob1es virtua1 law library

    Section 52, A(17), Rule IV, Memorandum Circular No. 19, Series of 1999 of the Civil Service Commission (The Revised Uniform Rules On Administrative Cases In The Civil Service) classifies frequent unauthorized absences or tardiness as a grave offense. The imposable penalty is six (6) months and one (1) day to one (1) year, thus:jgc:chanrobles.com.ph

    "A. The following are grave offenses with their corresponding penalties:chanrob1es virtual 1aw library

    1. . . .

    x       x       x


    17. Frequent, unauthorized absences, or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during office hours.

    1st offense — Suspension (6 mos., 1 day to 1 year)

    2nd offense — Dismissal"

    There is no question that respondent’s frequent unauthorized absences and tardiness have prejudiced the public service. 8 Certainly, such acts have denied the public the efficient service it deserves. The need for strict observance of official time has been emphasized by this Court in Administrative Circular No. 1-99 (Enhancing the Dignity of Courts as Temples of Justice and Promoting Respect for their Officials and Employees) 9 and Administrative Circular No. 2-99 (Strict Observance of Working Hours and Disciplinary Action for Absenteeism and Tardiness) which provide that all court personnel must:jgc:chanrobles.com.ph

    "x       x       x

    "3. Strictly observe official time. As punctuality is a virtue, absenteeism and tardiness are impermissible."cralaw virtua1aw library

    ". . . . Absenteeism and tardiness, even if such do not qualify as ‘habitual’ or ‘frequent’ under Civil Service Commission Memorandum Circular No. 4, Series of 1991, shall be dealt with severely . . .." 10

    The Constitution provides that "public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency. . . .." 11 Time and again, this Court has held that any act which falls short of the exacting standards for public office, or which diminishes or tends to diminish the faith of the people in the Judiciary, shall not be countenanced. 12 In Basco v. Gregorio; 13 this Court ruled:jgc:chanrobles.com.ph

    "The exacting standards of ethics and morality imposed upon court employees and judges are reflective of the premium placed on the image of the court of justice, and that image is necessarily mirrored in the conduct, official or otherwise, of the men and women who work thereat. It thus becomes the imperative and sacred duty of everyone charged with the dispensation of justice, from the judge to the lowliest clerk, to maintain the court’s good name and standing as true temples of justice. Circumscribed with the heavy burden of responsibility, their conduct must, at all times, not only be characterized with propriety and decorum, but must be above suspicion. Indeed, every employee of the Judiciary should be an example of integrity, probity, uprightness; honesty and diligence. . . . .’’

    Respondent, who is expected to maintain and enhance the public’s full faith and trust in the Judiciary, has instead given little value to this norm of public accountability by his frequent unauthorized absences and tardiness. Thus, he should be administratively sanctioned.

    WHEREFORE, respondent JUNAR G. ARMIDA, having committed frequent unauthorized absences and tardiness, is SUSPENDED for SIX (6) MONTHS and ONE (1) DAY. He is sternly WARNED that a repetition of the same acts will be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Puno, Panganiban, Corona and Carpio Morales, JJ., concur.

    Endnotes:



    1. Rollo at 6.

    2. Id. at 3.

    3. Id. at 4–5.

    4. Id. at 2.

    5. Transmittal letter dated March 13, 2001, id. at 1

    6. Rollo at 8.

    7. Id. at 18.

    8. Belvis v. Fernandez, 326 Phil. 467 (1996).

    9. Effective February 1, 1999.

    10. Cited in Re: Imposition of Corresponding Penalties on the Following Employees of this Court for Habitual Tardiness Committed During the Second Semester of 2000: Fe Malou B. Castelo; Et. Al., A.M. No. 00-6-09-SC, November 27, 2002.

    11. Section 1, Article XI of the 1987 Constitution.

    12. Loyao, Jr. v. Manatad, A.M. No. P-99-1308, May 4, 2000, 331 SCRA 324.

    13. 315 Phil. 681 (1995).

    A.M. No. P-03-1695   April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA


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