Case Digest (A.M. No. 2017-11-SC)
Facts:
Re: Employees Incurring Habitual Tardiness and Undertime in the First Semester of 2017, A.M. No. 2017-11-SC, July 27, 2020, the Supreme Court Second Division, Delos Santos, J., writing for the Court. The matter arose from an internal Office of Administrative Services (OAS) review of attendance records for the first semester of 2017 and resulted in OAS recommendations for administrative penalties against four Supreme Court employees.On 8 August 2017 the Leave Division of the OAS referred to Atty. Simeon V. Brigola, Jr., Chief of the Complaints and Investigation Division, lists showing habitual tardiness for three employees and, on 9 August 2017, a list showing undertime occurrences for one employee. The three employees alleged to have incurred habitual tardiness were Ms. Jhunine Ann T. Gamolo (Utility Worker II, Publication Division), Ms. Genevieve Victoria Maria B. Zuniga (Court Stenographer IV, Office of DCA Adecoa-Delorino), and Ms. Nicole Angela Regina C. Benbinuto (Former Judicial Staff Assistant II, Academic Affairs Office, Philippine Judicial Academy). The employee reported for undertime was Ms. Ivy B. Silva (Accountant III, Accounting Division).
The OAS solicited explanations. Ms. Gamolo acknowledged prior tardiness (a second offense) and cited single-parent childcare difficulties and medical conditions (including a later-documented Polycystic Ovarian Syndrome). Ms. Zuniga attributed her lateness to anxiety, depression, and family difficulties while awaiting bar exam results. Ms. Benbinuto had resigned effective 1 July 2017 and explained resignation due to unforeseen illness. Ms. Silva admitted multiple undertime instances, explaining health issues and family care responsibilities (including her child’s occupational therapy); she had 13 years of service and pleaded for leniency.
On 10 January 2018 Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer of OAS, recommended penalties: five days suspension without pay for Ms. Gamolo (second habitual tardiness), reprimand for Ms. Zuniga (first habitual tardiness), attachment of Ms. Benbinuto’s offense to her 201 File (resigned), and five days suspension without pay for Ms. Silva for simple misconduct (undertime), taking into account mitigating factors. The OAS memora...(Subscriber-Only)
Issues:
- Whether the respondents are administratively liable for habitual tardiness and undertime.
- Whether the penalties recommended by the OAS (suspension, reprimand, attachment to 201 File) are appropriate under the applicable rules and...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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