ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2004 Jurisprudence                 

  • G.R. No. 106804 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123586 - SPOUSES BEDER MORANDARTE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124267 - NATIONAL COMMERCIAL BANK OF SAUDI ARABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127382 - DR. JESUS SERI A, ET AL. v. VICTOR CABALLERO, ET AL.

  • G.R. No. 128310 - ALFREDO M. DESAVILLE, JR. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 128534 - VHJ CONSTRUCTION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131966 - REPUBLIC OF THE PHILIPPINES v. HON. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 129015 - SAMSUNG CONSTRUCTION COMPANY PHILIPPINES, INC. v. FAR EAST BANK AND TRUST COMPANY, ET AL.

  • G.R. No. 133813 - SALVADOR ANDALIS y MORALLO v. COURT OF APPEALS, ET AL.

  • G.R. No. 132981 - MAMITUA SABER, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134712 - MARIA CABOTAJE, ET AL. v. SPOUSES SOTERO PUDUNAN, ET AL.

  • G.R. No. 134989 - HEIRS OF FRANCISCO NABONG, ET AL. v. PUREZA A AR, ET AL.

  • G.R. No. 135365 - ROSARIO BARBACINA v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 140496 - DON PEPE HENSON ENTERPRISE, ET AL. v. MARIANO DAVID, ET AL.

  • G.R. No. 140630 - YUSUKE FUKUZUMI v. SANRITSU GREAT INTERNATIONAL CORPORATION, ET AL.

  • G.R. No. 141031 - TRINIDAD DIAZ-ENRIQUEZ v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 140667 - WOODCHILD HOLDINGS, INC. v. ROXAS ELECTRIC AND CONSTRUCTION COMPANY, INC.

  • G.R. No. 141624 - PEOPLE OF THE PHILIPPINES v. HERNANDO B. DELIZO

  • G.R. No. 141510 - MANUEL L. MORATO, ET AL. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 141974 - BPI FAMILY SAVINGS BANK, INC. v. SPS. JANUARIO ANTONIO VELOSO, ET AL.

  • G.R. No. 141877 - GREGORIO F. AVERIA, ET AL. v. DOMINGO AVERIA, ET AL.

  • G.R. No. 142345 - THE HEIRS OF FERRY BAYOT, ET AL. v. ESTRELLA BATERBONIA, ET AL.

  • G.R. No. 142668 - UNITED COCONUT PLANTERS BANK, ET AL. v. RUBEN E. BASCO

  • G.R. No. 143736 - OFELIA HERRERA-FELIX v. COURT OF APPEALS, ET AL.

  • G.R. No. 143230 - NATIONAL HOUSING AUTHORITY v. PEDRO BAELLO, ET AL.

  • G.R. No. 146208 - HEIRS OF BALDOMERO ROXAS y HERMANOS v. HON. ALFONSO S. GARCIA, ET AL.

  • G.R. No. 143993 - MCDONALD'S CORPORATION, ET AL. v. L.C. BIG MAK BURGER, INC., ET AL.

  • G.R. No. 146274 - THE PEOPLE OF THE PHILIPPINES v. MARIO CABALSE

  • G.R. No. 146559 - PRUDENTIAL GUARANTEE AND ASSURANCE INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 146846 - REPUBLIC OF THE PHILIPPINES v. RAFAEL F. HOLAZO

  • G.R. No. 147333 - ROSALIA M. DUGAYON v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 147394 - SPOUSES MANUEL WEE, ET AL. v. ROSARIO D. GALVEZ

  • G.R. No. 147817 - FELICISIMO RIETA v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 147863 - PROSPERO RINGOR, ET AL. v. CONCORDIA, FELIPA, ET AL.

  • G.R. No. 148025 - REPUBLIC OF THE PHILIPPINES v. SPOUSES LORENZO MATEO, ET AL.

  • G.R. No. 148190 - JESSIE DELA CRUZ v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 148371 - ELSA JOSE v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 148448 - RUSTICO A. ARDIENTE, ET AL. v. PROVINCIAL SHERIFF, REGISTER OF DEEDS OF QUEZON, ET AL.

  • G.R. No. 148602 - FEDERICO B. DIAMANTE III v. THE PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 148837 - RODOLFO GABUAY, ET AL. v. OVERSEA PAPER SUPPLY, INC., ET AL.

  • G.R. No. 149472 - JORGE SALAZAR v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 149610 - ROSENDO PI ERO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 150094 - FEDERAL EXPRESS CORPORATION v. AMERICAN HOME ASSURANCE COMPANY, ET AL.

  • G.R. No. 149992 - HI-TONE MARKETING CORPORATION v. BAIKAL REALTY CORPORATION, ET AL.

  • G.R. No. 150732 - TOMAS G. VELASQUEZ, ET AL. v. HELEN B. HERNANDEZ

  • G.R. No. 150769 - KAPISANAN NG MGA MANGGAGAWA SA GOVERNMENT SERVICE INSURANCE SYSTEM v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 150794 - ATTY. ROMEO B. IGOT v. COURT OF APPEALS, ET AL.

  • G.R. No. G.R. No. 150936 - NATIONAL POWER CORPORATION v. MANUBAY AGRO-INDUSTRIAL DEVELOPMENT CORPORATION

  • G.R. No. 152530 - INSULAR LIFE SAVINGS AND TRUST COMPANY v. SPOUSES FELIX MATEO RUNES, JR., ET AL.

  • G.R. No. 152618 - JOHNNY REY TUBURAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 152801 - COSMO ENTERTAINMENT MANAGEMENT, INC. v. LA VILLE COMMERCIAL CORPORATION

  • G.R. No. 152881 - ENGR. BAYANI MAGDAYAO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 152988 - CHIANG KAI SHEK COLLEGE, ET AL. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 153306 - HEIRS OF THE LATE CRUZ BARREDO v. SPS. VIRGILIO L. ASIS, ET AL.

  • G.R. No. 154598 - RICHARD BRIAN THORNTON, ET AL. v. ADELFA FRANCISCO THORNTON

  • G.R. No. 154130 - BENITO ASTORGA v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 154714 - RAFAEL T. FLORES, ET AL. v. HON. LYDIA QUERUBIN LAYOSA, ET AL.

  • G.R. No. 154947 - LEODEGARIO BAYANI v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 154985 - KAR ASIA, INC., ET AL. v. MARIO CORONA, ET AL.

  • G.R. No. 155010 - JONATHAN LANDOIL INTERNATIONAL CO., INC. v. SPOUSES SUHARTO MANGUDADATU, ET AL.

  • G.R. No. 155524 - AL-AMANAH ISLAMIC INVESTMENT BANK OF THE PHILIPPINES v. CELEBRITY TRAVEL AND TOURS, INCORPORATED

  • G.R. No. 155810 - LYDIA SUMIPAT, ET AL. v. BRIGIDO BANGA, ET AL.

  • G.R. No. 155634 - REPUBLIC OF THE PHILIPPINES v. JERRY V. DAVID

  • G.R. No. 157933 - PEOPLE OF THE PHILIPPINES v. ESMER MONTENEGRO, ET AL.

  • G.R. No. 156067 - MADRIGAL TRANSPORT, INC. v. LAPANDAY HOLDINGS CORPORATION, ET AL.

  • G.R. No. 158015 - LAURA BAUTISTA, ET AL. v. HON. COURT OF APPEALS

  • G.R. No. 158211 - ERNESTO J. SAN AGUSTIN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 158737 - CIVIL SERVICE COMMISSION v. SATURNINO DE LA CRUZ

  • G.R. No. 158830 - ELLAN MARIE P. CIPRIANO, ET AL. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 160952 - MARCIAL GU-MIRO v. ROLANDO C. ADORABLE, ET AL.

  • G.R. No. 162777 - FRANCISCO I. CHAVEZ v. COMMISSION ON ELECTIONS, ET AL.

  • A.C. No. 4904 - ANA A. CHUA, ET AL. v. ATTY. SIMEON M. MESINA, JR.

  • A.C. No. 5092 - LUCILA S. BARBUCO v. ATTY. RAYMUNDO N. BELTRAN

  • A.C. No. 5182 - SUSANA DE GUZMAN BUADO, ET AL. v. ATTY. EUFRACIO T. LAYAG

  • A.C. No. 5469 - RICARDO A. FORONDA v. ATTY. ARNOLD V. GUERRERO

  • A.C. No. 6403 - RUDECON MANAGEMENT CORPORATION, ET AL. v. ATTY. MANUEL N. CAMACHO

  • A.C. No. 6408 - ISIDRA BARRIENTOS v. ATTY. ELERIZZA A. LIBIRAN-METEORO

  • A.M. No. 04-5-277-RTC - HABITUAL TARDINESS OF ARTHUR R. CABIGON, SHERIFF IV, RTC-OCC, CEBU CITY

  • A.M. No. 02-1-66-RTC - RE: REPORT ON THE FINANCIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT BRANCH 34, BALAOAN, LA UNION

  • A.M. No. CA-04-40 - ATTY. REX J.M.A. FERNANDEZ v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-02-1457 - NENA D. YPIL v. JUDGE PERLA C. VILO

  • A.M. No. MTJ-02-1462 - RANDALL-LYON GARCIA BUENO v. JUDGE SAIDALI M. DIMANGADAP

  • A.M. No. MTJ-03-1511 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE OCTAVIO A. FERNANDEZ

  • A.M. No. P-04-1767 - PHILIPPINE AIRLINES, INC. v. SEVERINO DC BALUBAR, JR.

  • A.M. No. P-04-1847 - RE: HABITUAL TARDINESS OF JULIE M. MAYCACAYAN, REGIONAL TRIAL COURT, BRANCH 165, PASIG CITY

  • A.M. No. P-04-1858 - LAURENTE C. ILAGAN v. MINDA G. AMAR

  • A.M. No. P-04-1860 - RE: HABITUAL TARDINESS OF GUENDOLYN C. SISON, CLERK III, REGIONAL TRIAL COURT, BRANCH 23, CEBU CITY

  • A.M. No. P-04-1862 - RE: HABITUAL TARDINESS OF MS. ELMIDA E. VARGAS, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF CEBU CITY, BRANCH 23

  • A.M. No. P-04-1861 - RE: HABITUAL TARDINESS OF MARIO J. TAMANG, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 168, PASIG CITY

  • A.M. No. P-04-1863 - RE: HABITUAL TARDINESS OF MR. THEODORE G. JAYMALIN, CLERK III, METROPOLITAN TRIAL COURT - OFFICE OF THE CLERK OF COURT, MANILA

  • A.M. No. P-04-1876 - CONCERNED CITIZEN v. ROLANDO "Boyet" BAUTISTA

  • A.M. No. P-04-1878 - DALTON SANDOVAL v. ALFONSO H. IGNACIO, JR.

  • A.M. No. RTJ-02-1673 - EDUARDO P. DIEGO v. JUDGE SILVERIO Q. CASTILLO

  • A.M. No. RTJ-04-1821 - JOSE E. FERNANDEZ v. JUDGE JAIME T. HAMOY

  • A.M. No. RTJ-04-1868 - RE: REQUEST OF JUDGE TITO G. GUSTILO THAT THE SECOND 25% GRANT OF THE SPECIAL ALLOWANCE FOR JUDGES BE INCLUDED IN THE COMPUTATION OF HIS RETIREMENT BENEFITS

  • A.M. No. RTJ-92-867 - ABRAHAM S. PUA v. JUDGE JULIO R. LOGARTA, ET AL.

  •  





     
     

    A.M. No. P-04-1861 - RE: HABITUAL TARDINESS OF MARIO J. TAMANG, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 168, PASIG CITY

      A.M. No. P-04-1861 - RE: HABITUAL TARDINESS OF MARIO J. TAMANG, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 168, PASIG CITY

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. NO. P-04-1861 : August 31, 2004]

    Re: Habitual Tardiness of MARIO J. TAMANG, Sheriff IV, Regional Trial Court, Branch 168, Pasig City


    R E S O L U T I O N

    AUSTRIA-MARTINEZ, J.:

    This administrative matter concerns the habitual tardiness of Mario J. Tamang, Sheriff IV in Branch 168, Regional Trial Court, Pasig City.

    The Certification,1 dated March 23, 2004, issued by Hermogena F. Bayani, Chief Judicial Staff Officer, Office of the Administrative Services, Office of the Court Administrator (OCA) shows that Mario J. Tamang incurred tardiness as follows:

    January

    2003

    14 times

    February

    2003

    14 times

    March

    2003

    10 times

    June

    2003

    14 times

    July

    2003

    15 times

    August

    2003

    13 times

    September

    2003

    18 times

    In compliance with the Letter-Memorandum2 dated February 18, 2004 of OCA, Tamang submitted his letter-explanation dated March 10, 20043 extending his sincerest apology for having incurred series of tardiness in reporting for work in several occasions in the year 2003. Tamang explains that: sometime in January, 2003, he started to experience an extraordinary burning sensation in his right forearm; such pain was recurring and could be felt in the morning; as soon as the pain subsides, he would hurriedly report for work however late it was; the feeling went on for months until the rashes became wounds and that it was only in the last quarter of 2003 that he finally sought medical treatment and found out that the rashes were skin rabies which developed into minor skin asthma; not all the reported tardiness were due to health reasons but by reason of official business like service of summons, writs of execution and other processes of the court; if he could not report first in the office, he always made it a point to inform either the court's Utility Aide or even the Branch Clerk of Court by phone or by texting through their cellular phones to inform them of his whereabouts and after completing his official business he would return to the office no matter how late it was to log in and log out; he has been in the government service for twenty years and for this length of time, has never been administratively charged; he is just an ordinary employee trying his best to earn a living the honest way for his family and that human frailties and weaknesses sometime get in the way that hamper his willingness to cope; and he would stay overtime to finish whatever is to be done to complete his work in order to compensate for being late.

    The OCA finds that Tamang's explanation does not merit consideration to justify his habitual tardiness and recommends that he be reprimanded with a warning that repetition of the same or similar offense will warrant the imposition of a more severe penalty.

    We approve the findings of the OCA but not as to the recommended penalty.

    The explanation offered by Tamang that his tardiness is mainly due to his skin asthma cannot be given credence. Moral obligations, performance of household chores, traffic problems and health, domestic and financial concerns are not sufficient reasons to excuse habitual tardiness.4 Indubitably, he is guilty of habitual tardiness.

    As courts are temples of justice, their dignity and sanctity must at all times be preserved and enhanced. In inspiring public respect for the justice system, court officials and employees must strictly observe official time. As punctuality is a virtue, absenteeism and tardiness are impermissible.5 By reason of the nature and functions of their office, the 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.6

    Civil Service Memorandum Circular No. 23, Series of 1998 described habitual tardiness as follows:

    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.

    Although, this is the first time that Tamang is formally charged of habitual tardiness, records reveal that he incurred habitual tardiness for the two semesters of the year 2003. In the first semester of 2003, he had been late ten times or more for each of the three consecutive months of January, February and March. In the second semester of the same year, Tamang incurred tardiness more than ten times for the consecutive months of July, August and September. Thus, for having committed two counts of habitual tardiness, Tamang should be meted a penalty stiffer than a mere reprimand.

    Section 52(c)(4), Rule VI of Civil Service Circular No. 19, Series of 1999 on the Revised Uniform Rules on Administrative Cases in the Civil Service, provides:

    C. The following are Light Offenses with corresponding penalties:

    . . .

    4. Frequent unauthorized tardiness (Habitual Tardiness)

    1st Offense

    -

    Reprimand

    2nd Offense

    -

    Suspension 1-30 days

    3rd Offense

    -

    Dismissal

    It appearing that Tamang has committed two counts of habitual tardiness, the penalty is suspension. Considering that he has been in the government service for almost twenty years and it appearing that he had not been previously charged administratively, fifteen days suspension is appropriate.

    WHEREFORE, Mario J. Tamang, Sheriff IV of Branch 168, Regional Trial Court, Pasig City is found GUILTY of HABITUAL TARDINESS. He is SUSPENDED for fifteen (15) days with a stern warning that a repetition of the same or similar offense will be dealt with more severely. Let copy of herein Resolution be attached to his 201 files.

    In the future, the Office of the Court Administrator is advised to file administrative charges against a court employee as soon as habitual tardiness, as defined in Civil Service Memorandum Circular No. 23, is incurred by the employee.

    SO ORDERED.

    Davide, Jr., C.J., Quisumbing, Ynares-Santiago, Corona, Carpio-Morales, Callejo, Sr., Azcuna, TINGA, and Chico-Nazario, JJ., concur.
    Puno, Panganiban, Sandoval-Gutierrez, and Carpio, JJ., on official leave.

    Endnotes:


    1 Rollo, p. 4.

    2 Rollo, p. 9.

    3 Rollo, pp. 6-8.

    4 Re: Imposition of Corresponding Penalties for Habitual Tardiness Committed During the Second Semester of 2002, 409 SCRA 9 (2003).

    5 Administrative Circular No. 1-99. Enhancing the Dignity of the Courts as Temples of Justice and Promoting Respect for their Officials and Employees.

    6 Administrative Circular No. 2-99. Strict Observance of Working Hours and Disciplinary Action for Absenteeism and Tardiness.


    A.M. No. P-04-1861 - RE: HABITUAL TARDINESS OF MARIO J. TAMANG, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 168, PASIG CITY


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED