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
 

   
September-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

  •  





     
     

    A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

      A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. NO. P-06-2264 : September 29, 2009]
    (Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P)

    ATTY. LELU P. CONTRERAS, Complainant, v. TERESITA O. MONGE, Clerk IV, Regional Trial Court-Office of the Clerk of Court, Iriga City, Respondent.

    R E S O L U T I O N

    CORONA, J.:

    This administrative case originated from two complaints filed by Atty. Lelu P. Contreras1 against respondent Teresita Monge of the office of the clerk of court of the Regional Trial Court (RTC) of Iriga City.

    The first complaint2 charged respondent with neglect of duty and discourtesy.3 Allegedly, respondent did not keep an orderly and updated file of water bills and failed to inform complainant of the notice of water disconnection. She likewise did not include two cases for raffle. Moreover, respondent allegedly did not submit a report on office attendance in the flag raising and retreat ceremony.

    The second complaint4 charged respondent with insubordination and grave misconduct. She allegedly tampered with her bundy card, failed to log in and out in the attendance logbook, went absent without official leave and, on various occasions, left the office without authority after recording her attendance for the day, thus making it appear that she was present for work.5

    In an indorsement by the Office of the Court Administrator (OCA) dated March 8, 2005,6 respondent was ordered to file her comment. In a letter dated April 6, 20057 to the OCA, respondent prayed for the dismissal of the complaints in view of the pendency of A.M. No. P-05-2040.8 In a manifestation attached thereto, respondent did not refute the charges against her. Instead, she underscored the existence of ill feelings between her and complainant and proceeded to enumerate incidents of hostility between them.9

    In a memorandum dated July 7, 2005,10 the OCA found that the allegations in both complaints, specially the allegations of dishonesty and falsification, required a full-blown inquiry. The OCA thus recommended that the complaints be referred to the Executive Judge of the RTC, Iriga City, Judge Josue F. Ernacio, for investigation, report and recommendation.11 However, the Vice-Executive Judge of the RTC of Iriga City, Judge Milagros G. Quijano, took over because Judge Ernacio went on leave.12

    In a report dated March 30, 2006,13 Judge Quijano established that the filing of A.M. No. P-05-2040 resulted in a long-standing grudge between both parties. Furthermore, respondent's shortcomings were mere inadvertent omissions which she stubbornly did not acknowledge. Instead, she passed the blame to others to evade responsibility. Complainant was partly to blame for respondent's behavior because she was not circumspect in performing her duties as clerk of court.

    Judge Quijano concluded that respondent was guilty of neglect of duty under the first complaint. With respect to the other complaint, respondent was guilty only of failing to log in and out of the attendance logbook, constituting a violation of office rules and regulations. The charge against respondent of going on absence without official leave was not substantiated. Judge Quijano recommended a 15-day suspension for respondent and admonition for complainant.

    Judge Quijano likewise noted that complainant was recently appointed as RTC Judge of Catanduanes.14

    In a memorandum dated September 15, 2006, the OCA agreed with the findings of Judge Quijano. The OCA recommended that respondent be held guilty of neglect of duty in the first complaint and accordingly be suspended for one month and one day without pay. In the second complaint, the OCA recommended that respondent be found guilty of violation of reasonable office rules and regulations and accordingly reprimanded.15 ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    We agree with the findings of fact but disagree with the OCA as to the recommended penalty.

    Simple neglect of duty is the failure of an employee to give attention to a task expected of him and signifies a disregard of a duty resulting from carelessness or indifference.16 It has been consistently held that mere delay in the performance of one's function is considered as simple neglect of duty.17 It is a less grave offense punishable by suspension without pay for one month and one day to six months.18

    The judicial machinery can only function if every employee performs his task with the highest degree of professionalism. Court personnel are obligated to perform their duties properly and with diligence.19 Any task given to an employee of the judiciary, however menial it may be, must be done in the most prompt and diligent way. Respondent's tasks of filing utility bills and notices, submission of reports on attendance by court personnel in the flag raising and retreat ceremony, preparation of the list of cases for raffle, participation in the actual raffle of cases and submission of the minutes of the raffle are no exception. In Pilipiña v. Roxas,20 we held:

    The Court cannot countenance neglect of duty for even simple neglect of duty lessens the people's confidence in the judiciary and ultimately in the administration of justice. By the very nature of their duties and responsibilities, public servants must faithfully adhere to, hold sacred and render inviolate the constitutional principle that a public office is a public trust; that all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency

    Above all, employees of the judiciary must be reminded that they are public servants who must, at all times, be accountable to the public for all their actions. We have repeatedly held that any conduct, act or omission that violates the norm of public accountability or that diminishes or tends to diminish the faith of the people in the judiciary will not be tolerated, condoned or countenanced.21 It is reprehensible that respondent always passed the buck to others when clearly her omissions were due to her own negligence.

    Respondent was previously reprimanded in A.M. No. P-05-2040. Her act of not logging in and out of the attendance logbook was, without doubt, her second violation of civil service rules. A light offense such as a violation of reasonable office rules and regulations, if violated for the second time, is punishable by suspension for one to 30 days.22

    In view of the fact that respondent was found guilty of violating two civil service rules namely, simple neglect of duty (first offense) and violation of reasonable office rules and regulations (second offense), the penalty for the most serious offense must be imposed. This is expressly required in Section 55 of the Uniform Rules on Administrative Cases in the Civil Service:

    Section 55. Penalty for the Most Serious Offense. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed should be that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.

    Moreover, respondent had been previously warned that a repetition of the same or similar act would be dealt with more severely. Hence, respondent should be suspended for six months.

    Petty feuds have no place in the judiciary, specially if they involve the personal lives of court personnel. They should not be tolerated if they result in unpleasant working conditions and adversely affect the delivery of justice.

    WHEREFORE, respondent Teresita O. Monge is hereby found GUILTY of simple neglect of duty and violation of simple office rules and regulations. She is SUSPENDED from office for six months effective immediately upon her receipt of this resolution. She is STERNLY WARNED once againthat a repetition of the same or similar offense shall be dealt with even more severely.

    Let a copy of this resolution be attached to the personal records of respondent in the Office of Administrative Services, Office of the Court Administrator.

    SO ORDERED.

    Endnotes:


    * Per Special Order No. 698 dated September 4, 2009.

    1 Clerk VI and ex-officio sheriff of the Regional Trial Court of Iriga City.

    2 Docketed as OCA I.P.I No. 05-2136. The complaint was filed on January 13, 2005. Rollo, Vol. I, pp. 1-7.

    3 Id. In particular, respondent allegedly committed the following acts:

    a) She failed to notify complainant on time of the notice of water disconnection, which was received on November 22, 2004 at 11:55 am, based on the office logbook. Complainant confronted respondent regarding this matter but respondent did not accept her shortcoming, despite the fact that her signature was clearly in the logbook. Respondent even accused complainant of taking the notice from her file;

    b) Respondent failed to update the file for monthly water bills, against complainant's instruction. On March 25, 2004, complainant found out that the latest entry therein was March 2004;

    c) Respondent failed to include two civil cases in a raffle. According to the clerk-in-charge, she saw both cases on the shelf beside the table of respondent while the raffle was going on, prompting her to call the latter's attention to accommodate them in the raffle;

    d) On her own, respondent relinquished her established task of assisting in the raffle of cases;

    e) Against complainant's verbal reminders, respondent failed to submit her reports on attendance during flag ceremonies;

    f) Failure to secure complainant's signature for any transmittal of the minutes of the raffle of cases to the Office of the Court Administrator;

    g) In some instances, complainant was not informed of the schedule of raffle of cases. This was before respondent did not secure complainant's signature on the notices. Id., p. 22.

    4 Docketed as OCA I.P.I. No. 05-2137-P. The complaint was filed on February 7, 2005. Id., Vol. II, pp. 348-353.

    5 Id. In particular, the charges were:

    a) Respondent punched in her bundy card on January 18 and 21 but left the office and never returned. Complainant declares that she came to know of the tampering on February 4, 2005, as she was about to affix her signature therein. Complainant discovered that the entries for January 18 and 21 were covered by a liquid corrector. The entries were thereafter made to reflect that respondent was on leave application. Complainant, however, alleged that respondent's leave application for January 18 was disapproved.

    b) Respondent allegedly did not record her time of arrival and departure in the attendance logbook on December 2004 and January 7, 10, 14, 18 and 21, 2005.

    c) Respondent allegedly was officially on leave until January 28, 2005. Respondent did not report for work after January 28, 2005. Complainant averred that on February 2, 2005, she issued a memorandum to respondent, directing her to explain within 72 hours from receipt why she should not be dealt with administratively for absence without official leave. Respondent received said memorandum on February 2, 2005 and simultaneously handed to the process server two sets of applications for leave covering January 29 to February 2, 2005 (sick leave) and February 3 to October 3, 2005 (study leave for the bar exam). For failure to follow the requirements for application for a study leave prescribed in Circular No. 16-2002, respondent's application for a study leave was disapproved.

    d) Respondent allegedly left the office after punching in her bundy card at 7: 37 in the morning of January 18, 2005. She left shortly thereafter without having gotten permission from complainant to leave the office. This incident was repeated on January 21, 2005.

    e) Complainant allegedly issued various office memoranda pertaining to the aforementioned but respondent allegedly refused to receive these memoranda and openly defied them.

    6 Id., Vol. I, p. 20.

    7 Id., p. 21.

    8 Contreras v. Monge, A.M. No. P-05-2040, 24 January 2006, 479 SCRA 555, then OCA I.P.I No. 00-952-P. In this case, complainant charged respondent with gross insubordination. Respondent allegedly went on absence without official leave for four weeks. Respondent did not report directly to complainant upon her return to the office, and even verbally assaulted complainant. Respondent denied verbally assaulting complainant and claimed that complainant committed various infractions, one of which was directing a court employee to perform tasks outside his duties. We found the charge of gross insubordination unsubstantiated but held that respondent's failure to notify complainant, as respondent's immediate superior, of her absences violative of the Civil Service Rules. She was reprimanded. Moreover, complainant was admonished because she admitted having directed a court employee to perform tasks outside his duties.

    9 Rollo, Vol. II, pp. 375-378. Complainant was allegedly hostile to respondent because of her friendship with complainant's alleged enemy and complainant's alleged opposition to respondent's proposed austerity measures after two typhoons.

    10 Id., Vol. I, pp. 22-26.

    11 Id., p. 27.

    12 Id., pp. 36-37.

    13 Id., pp. 184-198.

    14 Id., p. 197.

    15 Id., p. 346.

    16 Zamudio v. Auro, A.M. No. P-04-1793, 8 December 2008.

    17 Philippine Retirement Authority v. Rupa, G.R. No. 140519, 21 August 2001, 363 SCRA 480, 487.

    18 Rule IV, Section 52 (B) of the Uniform Rules on Administrative Cases in the Civil Service.

    19 Section 1, Canon IV, Code of Conduct for Court Personnel.

    20 A.M. No. P-08-2423, 6 March 2008, 547 SCRA 676, 682.

    21 Re: Partial Report on the Results of the Judicial Audit Conducted in the MTCC, Branch 1, Cebu City, A.M. No. MTJ-05-1572, 30 January 2008, 543 SCRA 105, 130.

    22 Rule IV, Section 52 (C) (3) of the Uniform Rules on Administrative Cases in the Civil Service.

    A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga 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