Facts:

The administrative matter at hand involves an incident that occurred on February 25, 2015, between Security Officer Marlino G. Agbayani, a former employee of Eaglematrix Security Agency, Inc., and Mr. Marion M. Durban, a Utility Worker I at the Municipal Trial Court in Cities (MTCC), Branch 9, Iloilo City, Iloilo. The altercation was reported by Agbayani in an Incident Report dated February 26, 2015, addressed to then Executive Judge Loida J. Diestro-Maputol. In his report, Agbayani recounted that he was checking on a maintenance issue regarding an overheated fluorescent light when he encountered Durban, who allegedly shouted at him in a confrontational manner. Agbayani claimed that Durban threatened him and berated him in front of several witnesses, including court personnel and police officers present at the scene.

Following the incident, Executive Judge Diestro-Maputol issued Memorandum 55-15 on March 3, 2015, directing Executive Judge Enrique Z. Trespeces to investigat...

Facts:

Incident Overview

The administrative matter arose from an alleged altercation between Security Officer Marlino G. Agbayani (Agbayani) and respondent Marion M. Durban (Durban), a Utility Worker I at Branch 9, Municipal Trial Court in Cities (MTCC), Iloilo City, on February 25, 2015. Agbayani filed an Incident Report alleging that Durban shouted at him and threatened him within the premises of the Hall of Justice during office hours.

Agbayani's Allegations

Agbayani claimed that Durban shouted at him, saying, "BAKIT KA NANDITO? ANO PAKIALAM MO?" and later threatened him with, "Chief MAG INGAT KA BAKA MAY MANGYARI SA IYO." These incidents allegedly occurred in front of litigants, court personnel, and security guards.

Durban's Defense

Durban denied the allegations, stating that he merely greeted Agbayani and that Agbayani was the one who shouted at him. He claimed that he was in the lobby after washing his mop and was not involved in any altercation.

Investigation and Testimonies

Executive Judge Enrique Trespeces conducted an investigation, during which Agbayani and several witnesses testified. Agbayani and Security Guard Yvette Leocario supported the allegations, while other witnesses, including PO1 Jose Manuel Pineda and Lawrence Antiquiera, either could not recall the details or thought the interaction was a mere banter.

Initial Findings

Executive Judge Trespeces found Durban guilty of conduct prejudicial to the best interest of the service and recommended a nine-month suspension. However, the Office of the Court Administrator (OCA) later found insufficient evidence to support the allegations and recommended dismissing the charges.

Issue:

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Ruling:

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Ratio:

1. Conduct Prejudicial to the Best Interest of the Service: The Court found that the evidence presented was insufficient to prove that Durban berated or threatened Agbayani. Witnesses either could not recall the details or interpreted the interaction as a casual banter.

2. Loafing: The charge of loafing was dismissed because there was no proof that Durban frequently absented himself from his work station during office hours. The Court cited the definition of loafing as "frequent unauthorized absences from duty during office hours," which requires more than a single instance.

3. Failure to Observe Working Hours: The Court found that Durban was not at his work station during office hours, as evidenced by his own testimony and statements. This failure to strictly observe working hours warranted an admonition, considering his advanced age, years of service, and the fact that this was his first offense.

The Court emphasized that court personnel must strictly observe official time and maintain professionalism to uphold public respect for the judiciary.