ChanRobles Virtual law Library

[A.M. No. OCA IPI-98-516-P.December 13, 2000]

JACINTO vs. SERRANO

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 13 2000.

A.M. No. OCA IPI-98-5 16-P (Evangeline G. Jacinto vs. Romancito M. Serrano, Clerk of Court I, MTC, Branch 2, San Fernando, Pampanga.)

Complainant Evangeline G. Jacinto is a court stenographer while respondent Romancito M. Serrano is the clerk of court of the Municipal Trial Court, Branch II, San Fernando, Pampanga.

On March 10, 1998, complainant filed a complaint with the Civil Service Commission (CSC) against respondent, charging him with violations of Civil Service rules and regulations for allegedly falsifying the daily time records (DTRs) of court stenographer Gloria R. Dimarucut from May 1997 to January 1998. According to complainant, respondent made it appear that Gloria R. Dimarucut worked eight hours a day for five days a week when she was in fact enrolled during that period in a secretarial course at the East Central Colleges at San Fernando, Pampanga and, therefore, could not have rendered service as indicated in her daily time records.

In his counter-affidavit, dated May 21, 1998, respondent alleged that complainant filed the instant complaint in retaliation for the memorandum he had issued asking her to explain why she should not be administratively disciplined for habitual absenteeism and tardiness. As for the charge that he had falsified the DTRS of Gloria R. Dimarucut, respondent alleged that he was unaware that the latter had been enrolled in a secretarial course or that she "had been using government time for her benefit."

The case was referred to this Court by the CSC. This Court referred the matter to Executive Judge Pedro M. Sunga, Jr. of the Regional Trial Court of San Fernando, Pampanga for investigation, report, and recommendation.

It appears that during the investigation, Judge Rodrigo R. Flores of the MTC, Branch II, San Fernando, submitted an affidavit, dated October 5, 2000, in which he stated that prior to her appointment as court stenographer in his sala on April 29, 1997, Gloria R. Dimarucut had already been enrolled in a steno-typing course at East Central Colleges in San Fernando, Pampanga; that Gloria R. Dimarucut had asked his permission for her to continue her studies considering that she had already paid her matriculation fees and that the knowledge and skill she would acquire would help her in her work; that he agreed on the condition that she would make arrangements with her instructors that instead of attending classes on weekdays, she would do so on Saturdays; and that to the best of his knowledge, Gloria R. Dimarucut was never absent during her turn in taking down notes at the hearings of cases and that she never failed to submit her transcript of stenographic notes on time. On the other hand, Gloria R. Dimarucut stated in her position paper, dated October 13, 2000, that she had never absented herself from work as her teachers at the East Central Colleges had allowed her to come late for her classes after office hours and to do make up work during Saturdays.

In their respective position papers, the parties manifest that they have arrived at an amicable settlement and patched up their differences. Complainant states that she had already apologized to respondent and to Gloria R. Dimarucut for dragging the latter's name into the controversy. She prays for the dismissal of her complaint as she has no evidence to present.

For this reason, in his report, dated October 23, 2000, Executive Judge Pedro M. Sunga, Jr. recommends that this case be dismissed. He recommends, however, that complainant be reprimanded for filing a baseless case and wasting the valuable time of the Court. As for respondent, Exe Executive Judge Sunga, Jr. recommends that the former be likewise reprimanded since his admission that he was unaware that one of his subordinates had enrolled in school until he received notice of complainant's charges against him indicates negligence in the supervision of personnel in the MTC, Branch II, San Fernando, Pampanga.

The Court disagrees with the recommendation as to respondent Clerk of Court Romancito M. Serrano. By complainant's own account, Gloria R. Dimarucut has not been remiss in her office attendance or in the performance of her duties as stenographer. Respondent, therefore, could not have known about Gloria R. Dimarucut's enrollment at East Central Colleges.

As for complainant Evangeline G. Jacinto, while the Court agrees that she should be sanctioned for filing an administrative case that she knew was groundless, the reprimand recommended is not commensurate to her offense. Admonition would suffice.

WHEREFORE, the complaint against respondent Romancito M. Serrano, Clerk of Court I of the Municipal Trial Court, Branch II, San Fernando, Pampanga is DISMISSED for failure of complainant Evangeline G. Jacinto, Court Stenographer I of the same court, to prove the same. Complainant Evangeline G. Jacinto is ADMONISHED to refrain from filing administrative complaints which she knows to be groundless and WARNED that repetition of the same or similar offense would be dealt with more severely.

Very truly yours,

(Sgd.) TOMASITA MAGAY-DRIS

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE