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[A.M. No. 01-4-06-OCA. May 22, 2001]

RE: HABITUAL TARDINESS OF THE EMPLOYEES OF THE OCAD

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 22, 2001.

A.M. No. 01-4-06-OCA (Re: Habitual Tardiness of the Employees of the Office of the Court Administrator.)

This administrative matter concerns the habitual tardiness of various employees of the Office of the Court Administrator.Acting Court Administrator Zenaida N. Elepa�o, in her Memorandum dated April 17, 2001 addressed to Chief Justice Hilario G. Davide recommended the imposition of the penalty of reprimand to the erring court employees, who committed habitual tardiness for the first time, to wit:

No.

Name

Position

01

ESMERALDA D. ABALOS

Records Division

02

ROSARIO E. SANTOS

Finance Division

03

MA. BEVERLY LEONIDES R. PINEDA

Office of the Court Adm.

04

RODERICK P. RAGOT

Cash Division

05

FERNANDO T. MIRANDA

Off. Of ACA Dujua

06

BUCH N. BORRES

Records Division

07

FRANCIS H. CERVANTES

Records Division

08

IMELDA T. ALVAREZ

Finance Division

09

MIPA C. BORLONGAN

RTC, Personnel Div. OCA

10

MIRASOL E. GUILLO

RTC, Personnel Div. OCA

11

ROMULO S. PANGILINAN

RTC, Personnel Div. OCA

12

ALBERT S. MONTINOLA

Finance Division

13

JONNY R. LLEMOS

Gen. Services Maintenance Division

14

MOISES B. FIGUEROA

Budget Division

15

CHIBERT P. AGUIRRE

Court Management Off.

16

EPHRAIM R. AVANZADO

Court Management Off

17

FLORANTE S. DANZALAN

Court Management Off.

18

DIANA E. DE GUZMAN

Legal Office, OCA

19

ESTRELLITA R. GONZALES

Legal Office, OCA

20

JENNIFER DIONISIO JAVIER

Legal Office, OCA

21

ELVIRA P. LASBANES

Docket and Clearance Div., OCA

22

ELOISA S. TANJUTCO

Legal Office, OCA

An 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 (Memorandum Circular No. 4, Series of 1991 of the CSC).And imposes the following penalty for infraction:First Offense - reprimand; Second Offense - suspension for 1 to 30 days; and Third Offense - dismissal (Memorandum Circular No. 19, Series of 1999 of the CSC).

This Court issued Administrative Circular No. 1-99, entitled, "Enhancing the Dignity of the Courts as Temples of Justice and Promoting respect for their official and employees" enjoining all officials and employees of the Judiciary to: xxx 3. Strictly observe official time.As punctuality is a virtue, absenteeism and tardiness are impermissible.Subsequently, this Court issued another Administrative Circular No. 2-99 which provided that "Absenteeism and tardiness, even if such do not qualify as 'habitual' or 'frequent,' under the Civil Service Commission Memorandum Circular No. 4, Series of 1991, shall be dealt with severely xxx."

In accordance with the foregoing Circulars, the aforementioned employees who incurred habitual tardiness were required by OCA to comment or explain why they should not be reprimanded for violating the memorandum circulars.

The Office of the Court Administrator, after evaluating the comments made the following findings:

"This Office finds all of these employees administratively liable for tardiness.Their comments/explanations are unsatisfactory.Illness and domestic responsibilities are not adequate excuses for being late for work.While we certainly empathize with the employees' predicament, it is unfair to the public and to the other employees who have observed punctuality if we overlooked these inequities in the name of mercy and compassion.

Traffic is not a valid excuse.Employees have to adjust their schedules and not simply accept heavy traffic as part of their routine."

We adopt the recommendation of OCA.

It bears stressing that a public office is a public trust.Public officers must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.The conduct and behavior of everyone connected with an office charged with the dispensation of justice is circumscribed with the heavy burden of responsibility.This Court cannot countenance any act or omission on the part of all those involved in the administration of justice which would violate the norm of public accountability and diminish or tend to diminish the faith of the people in the Judiciary (Re: Report on the Habitual Absenteeism of Ms. Teresita S. Sabido, Court Stenographer, 4th MCTC Camalig-Jovellar, Albay, Adm. Matter No. 94-3-20 MCTC [1995]).The exacting standards of ethics and morality imposed upon court employees and judges are reflective of the premium placed on the image of the court of justice, and that image is necessarily mirrored in the conduct, official or otherwise, of the men and women who work thereat.It thus becomes the imperative and sacred duty of everyone charged with the dispensation of justice, from the judge to the lowliest clerk, to maintain the court's good name and standing as true temples of justice.Circumscribed with the heavy burden of responsibility, their conduct at all times must not only be characterized with propriety and decorum, but above all else, must be above suspicion.Indeed every employee of the Judiciary should be an example of integrity, probity, uprightness, honesty and diligence (Basco v. Gregorio, [1995] 245 SCRA 614).

The concerned employees failed to live up to the standards of conduct set by this Court as shown by their habitual tardiness.We are left with no choice but to impose the penalty recommended by Acting Court Administrator Elepa�o.

Accordingly, this Court resolves to impose on the above named personnel of the Office of the Court Administrator who incurred habitual tardiness for the first time during the calendar year of 2000 the recommended penalty of REPRIMAND.Bellosillo, Melo and Kapunan, JJ., are on leave.

SO ORDERED.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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