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[A.M. No. P-00-1417. July 18, 2001]

ATTY. ITLIONG-RIVERA vs. NATIVIDAD et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 18 2001.

A.M. No. P-00-1417(Atty. Ma. Ligaya Itliong-Rivera vs. Virna Liza A. Natividad, Court Stenographer III, Regional Trial Court, Branch 3, Baguio City.)

Before us is an administrative complaint submitted by Ma. Ligaya V. Itliong Rivera, Clerk of Court V of the Regional Trial Court, Branch 3, Baguio City, against Respondent Virna Liza A. Natividad, former Court Stenographer III of the same office charging her of Habitual Absenteeism, Tardiness, Inefficiency, Gross Neglect of Duty and Conduct Prejudicial to the Best Interest of the Service.

The pertinent facts are as follows:

Respondent Virna Liza A. Natividad was appointed Court Stenographer III of the Regional Trial Court (RTC), Branch 3, Baguio City on January 2, 1985. On November 13, 1997, herein complainant Atty. Ma. Ligaya V. Itliong-Rivera, Clerk of Court V of the same court wrote a letter addressed to the Hon. Antonio C. Reyes, the then Acting Executive Judge of RTC, Baguio City, regarding the acts of respondent constituting gross inefficiency in the discharge of her duties, habitual tardiness and insubordination, 1 Annex "A" to the Administrative Complaint.Judge Reyes referred her letter to the then Acting Presiding Judge, Hon. Joven F. Costales of Branch 3 of the said court, with the recommendation that the proper disciplinary action be taken against respondent Ms. Natividad. 2 Annex "B" to the Administrative Complaint.Judge Costales in turn indorsed the letter to the Office of the Court Administrator for the reason that the alleged offenses of respondent Natividad as contained in the letter of Atty. Rivera are classified as grave offenses under the Civil Service Rules, and hence, are outside his jurisdiction. 3 Annex "C" to the Administrative Complaint.

On June 15, 1999, respondent Natividad tendered her resignation which was effective August 2, 1999. The resignation letter of respondent Natividad was indorsed by Executive Judge Abraham B. Borreta, RTC, Baguio City on June 23, 1999 with a recommendation for its approval. Acting on this recommendation and the information contained in the letter dated June 15, 1999 of Judge Fernando Vil Parnintuan, the Office of the Court Administrator issued a notice for the immediate withholding of the salaries of respondent Natividad and her exclusion from the payroll effective August 2, 1999.

From the list of charges against the respondent, the following remained unrebutted: (1) the failure of respondent Natividad to transcribe the stenographic notes on time; and (2) her habitual tardiness. Both charges were admitted by respondent and can be verified from the documents submitted by both parties. The only remaining issue is what further sanction can be imposed upon the respondent who had already been dropped from the service for abandonment of duty. Although respondent was dropped from the service, the benefits and leave credits she earned during her stint as a Court Stenographer were not forfeited. These benefits were simply withheld pending compliance with some requirements.

Despite the fact that respondent was already dropped from the service, nevertheless, respondent is guilty of gross neglect of duty and inefficiency due to her habitual tardiness and absenteeism and failure to transcribe her stenographic notes in violation of Section 17, Rule 136 of the Revised Rules of Court. The attitude such as that manifested by the respondent towards her work contributes to the erosion of public trust and confidence in the judiciary. Respondent showed willful disregard of her duties and an indifferent attitude to her superiors and to the court.

WHEREFORE, we find respondent Virna Liza A. Natividad, Court Stenographer III RTC, Branch 3, Baguio City, GUILTY of Habitual Tardiness and Gross Neglect of Duty and Inefficiency. Considering that in AM. No. 99-10-412. RTC herein respondent has already been dropped from the service for abandonment of duty, all benefits are hereby FORFEITED with prejudice to her re-employment in any public office including government-owned or controlled corporation.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS
Clerk of Court


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