February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. P-12-3046 (Formerly OCA I.P.I. No. 11-3707-P) : February 27, 2012]
ACTING JUDGE GAEL P. PADERANGA v. LUZVIMINDA G. HERNANDEZ, CLERK OF COURT II, MUNICIPAL TRIAL COURT, BUENAVISTA, AGUSAN DEL NORTE
A.M. No. P-12-3046 [Formerly OCA I.P.I. No. 11-3707-P] (Acting Judge Gael P. Paderanga v. Luzviminda G. Hernandez, Clerk of Court II, Municipal Trial Court, Buenavista, Agusan Del Norte).� Before the Court is an administrative complaint against Luzviminda G. Hernandez (respondent), Clerk of Court II, Municipal Trial Court, Buenavista, Agusan Del Norte filed by Acting Judge Gael P. Paderanga (complainant) on July 29, 2011 with the Office of the Court Administrator (OCA), for gross misconduct, conduct unbecoming a court employee, and insubordination and discourtesy.
In her letter-complaint, complainant charged respondent with (1) gross misconduct in allowing an outsider to perform the work of a retired clerk without the necessary clearance from the Court, thereby endangering the confidentiality of court records and in violation of the rule on detail of employees coming from the Local Government Unit (LGU); (2) conduct unbecoming of a clerk of court when she disobeyed an express order from complainant instruction her to stop from further allowing said outsider from performing the work; and (3) insubordination and discourtesy when she wrote to complainant alleging an explanation bordering on innuendos, half-truths and disrespect.
In her comment, respondent explained that she wrote complainant asking permission to have someone assist her in doing the job of the clerk who had retired. Complainant refused and told her to just wait for the appointment of a new clerk. Nonetheless, respondent took the offer of the LGU and allowed the detailed employee to assist her to temporarily lessen the burden of her work. Respondent stated that she informed the Deputy Court Administrator of her action and even begged the latter to declare the position of Clerk II vacant so they could hire a new one.
She also averred that complainant failed to specifically cite the half-truths, innuendos and discourteous statements allegedly contained in her letter-explanation.
In its Report dated December 6, 2011, the OCA found respondent guilty of insubordination and recommended that the administrative complaint be docketed as a regular administrative matter, and that she be suspended for one (1) month and one (1) day, with a warning that a repetition of the same offense shall be dealt with more severely.
After a careful review of the case, the Court adopts the findings and recommendation of the OCA.
SC Circular No. 17-99 dated March 10, 1999 explicitly requires a prior approval from this court before a detail or assignment of locally-funded personnel to the lower court shall be made.
Clearly, respondent violated the circular when she allowed and assigned a locally-paid worker to perform the task of a regular court employee without the necessary clearance from the Court. While we may sympathize with the heavy workload of respondent, this is, however, not an adequate excuse to justify undermining the restrictions inherent in public office. Otherwise, this will always be used as a convenient excuse by a government employee similarly charged to escape punishment to the great prejudice of public service.
In view of the foregoing, the Court RESOLVES to ADOPT and APPROVE the findings of fact, conclusions of law, and recommendation of the Office of the Court Administrator. Accordingly, the Court finds respondent Luzviminda G. Hernandez, Clerk of Court II, Municipal Trial Court, Buenavista, Agusan Del Norte GUILTY of insubordination and, accordingly, suspend her for One (1) month and one (1) day with WARNING that the commission of the same or similar act in the future shall be dealt with more severely. cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court