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[ A.M. No. 99-10-07-SC. March 14, 2000]
RE: ROSELLA JEAN M. PUNO
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAR 14 2000.
A.M. No. 99-10-07-SC (Re: Rosella Jean M. Puno, Supreme Court Chief Judicial Staff Officer, Internal Audit Division.)
Before us is a complaint filed against Mrs. Rosella Jean M. Puno, Chief Judicial Officer of the Internal Division of this Court for habitual tardiness in reporting for work.
Sometime in 1995, Atty. Adelaida Cabe-Baumann, Chief of the Administrative Services Office of the Supreme Court, referred to Mr. Martin Y. Narvasa, Judicial Staff Head of the Office of Chief Justice Andres R. Narvasa, the unsigned daily time records (hereinafter referred to as DTRs) of Mrs. Rosella Jean Puno. The DTRs were supposed to have been countersigned by Mr. Martin Narvasa who was then the immediate superior of Mrs. Puno. Mr. Narvasa, however, returned the DTRs to Atty. Baumann with a note stating that the evident violation of office rules and regulations by Mrs. Puno merited certain repercussions. Mr. Narvasa's note was treated as a complaint and was referred to Atty. Ennar R.C. Cabanilla of the Complaints and Investigation Division, Office of the Administrative Services of this Court.
On February 5, 1996, Atty. Cabanilla submitted a report addressed to Chief Justice Andres R. Narvasa with the finding that the unsigned DTRs of Mrs. Puno from May to October 1995 reflected a pattern of persistent tardiness. It was established that Mrs. Puno usually reported for work between 9:40 o'clock a.m. to 11:00 o'clock a.m. although her official time is from 8:00 o'clock a.m. to 4:30 o'clock p.m. Mr. Narvasa refused to sign the DTRs of Mrs. Puno inasmuch as these were never submitted on time. Because of the refusal of her immediate superior to sign her DTRs, Mrs. Puno failed to submit to the Leave Division, Office of Administrative Services, from May 1995 to December 1995. Consequently, her salaries and other benefits have been ordered withheld.
When asked to comment on the charge against her, Mrs. Puno explained that her habitual tardiness was due to the headaches that she usually suffers at the start of the day. The headaches were compounded by dizziness making her prone to falls and accidents. She likewise attributed her tardiness to traffic conditions as well as to the lack of transportation.
On January 17, 1996, Atty. Cabanilla submitted a Memorandum to Chief Justice Narvasa recommending that Mrs. Puno be fined the sum of Three Thousand Fifty Eight Pesos and Twenty Centavos (P3,058.20) and that the times indicated in her DTRs be considered as her actual service covering the period from May to December 1995.
On February 5, 1996, Atty. Cabanilla submitted another memorandum to the Chief Justice with the recommendation that the penalty of two (2) months suspension be imposed on Mrs. Puno for Habitual tardiness with a stern warning that a repetition of the same will be dealt with more severely. He also recommended that the times indicated in the DTRs be considered as Mrs. Puno's actual service covering the period from May to December 1995.
On January 5, 1998, Atty. Baumann submitted a memorandum to Chief Justice Narvasa reiterating the memorandum of February 5, 1996. Atty. Baumann further recommended that the DTRs submitted be considered as proof of actual services rendered and that Mrs. Puno's withheld salaries and other benefits from August 1995 to December 1997 be released.
On March 11, 1998, Mrs. Puno filed a second comment citing health problems to her inability to come to the office on time. Mrs. Puno alleged that she has tried to compensate for her tardiness by staying late in the office. Attached to Mrs. Puno's comment was a medical certificate executed by a certain Dr. Annabelle D. Aherrera, stating that Mrs. Puno had undergone "Hormonal Replacement Therapy" and is advised to visit her doctor regularly so that her migraine and insomnia could be monitored.
On June 1, 1998, Atty. Jose M. Roy III, Staff Head Office of the Chief Justice Narvasa, submitted his report with the recommendation that Mrs. Rosella Jean M. Puno be declared guilty of the grave offense of habitual tardiness as defined in S 23 (q) of Rule XIV of the Omnibus Rules of the Civil Service Commission. He recommended that the penalty of suspension for one (1) year with forfeiture of all salaries and benefits be imposed on her.
On December 26, 1999, Mrs. Puno wrote a letter addressed to Chief Justice Hilario G. Davide, Jr., requesting.
A)������� the early resolution of the case against her
B)������� release of salaries and other benefits due her which have been withheld in view of the pending administrative case; and
C)������� availment of early retirement effective at the close of office hours of January 31, 2000.
The letter was endorsed to the Office of Administrative Services for report and recommendation.
On February 2, 2000, Ms. Eden Cadelaria, Acting Chief of the Office of Administrative Services of this Court rendered a report stating that the Employee Welfare and Benefits Division of the Administrative Services, evaluated the service records of Mrs. Puno. Records show that Mrs. Puno's application for leave from May 1995 to December 1998 were not countersigned by her immediate superior and hence are considered as unauthorized leaves of absence pursuant to Section 50, Rule XVI of the Civil Service Omnibus Rules on Leave which provides:
Sec. 50 - Effect of Unauthorized Leave.- An official/employee who is absent without approved leave shall not be entitled to receive his salary corresponding to the period of his unauthorized leave of absence. It is understood, however, that his absence shall no longer be deducted from his accumulated leave credits, if there are any.
Consequently, Mrs. Puno incurred a total of 142.5 days of unauthorized leaves of absence and 156.0 days undertime without pay covering the period May 1995 to December 1999. Nevertheless, the Leave Division of the Administrative Services found that after deducting the Mrs. Puno's leaves of absence without pay, she still has a total of more than 35 years government service which qualifies her to retire under any of the existing mode of retirement for employees. While Mrs. Puno may already apply for retirement, however, her retirement is subject to the condition that she submits the pertinent documents for processing, including a Certification that she has no pending criminal or administrative case. Thus, Ms. Cadeleria recommended that:
1)�������� the salaries and other benefits due Mrs. Puno be released subject to the deduction of whatever amount she is not entitled to receive and
2)�������� Mrs. Puno be allowed to avail of early retirement effective at the close of office hours of January 31, 2000 upon submission of pertinent documents.
Although respondent attributed her tardiness to her health condition, she has not substantiated this claim by promptly submitting the necessary medical certificate. It was only in December 1999 when she wrote Chief Justice Davide requesting for the availment of early retirement that she submitted a medical certificate stating that she underwent Hormonal Replacement Therapy.
The traffic condition is no reason to mitigate Mrs. Puno's liability for tardiness since all employees for that matter are affected by it. However, we understand that Mrs. Puno suffered physical, emotional and even psychological shock because of the murder of her husband, the late Judge Isaac Puno, who died in the line of duty. The Court can take judicial notice of this traumatic incident and its adverse medical effects, like dizziness and insomnia, on the person of Mrs. Puno.
We have noted also that Mrs. Puno has not received her salaries and other benefits since May 1995 up to the present. She has obviously suffered financially as well as emotionally considering that this case has dragged on for more than four (4) years. We feel that, under the circumstances, respondent Mrs. Puno who has devoted 26 long years of service to the judiciary, merits the kind consideration of this Court.
WHEREFORE the Court RESOLVES:
1)�������� To allow Mrs. Puno to avail of early retirement effective at the close of business hours of January 31, 2000, upon submission of the pertinent documents; and
2)�������� That salaries and other benefits due her which have been withheld be released subject to whatever amount she is not entitled to receive.
Puno, J., no part.
Pardo, J., is abroad on official business.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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