Case Digest (G.R. No. L-27524)
Facts:
This administrative case revolves around Rosemarie B. Pe (Pe), who served as a Statistician II at the Regional Trial Court-Office of the Clerk of Court in Cebu City. The proceedings were initiated against Pe due to her habitual tardiness during her employment. The issue was formally addressed when Hermogena F. Bayani, the Chief Judicial Staff Officer from the Leave Division of the Office of the Administrative Services, issued a certification dated March 15, 2004, detailing Pe's tardiness records. She was late 17 times in May, 11 times in June, 13 times in July, 20 times each in August and September during 2002, and additionally, 19 times in January, 17 times in February, and 20 times in March of 2003.
In light of these circumstances, Deputy Court Administrator Zenaida N. ElepaAo wrote a letter on March 12, 2003, requesting that Judge Galiciano C. Arriesgado instruct Pe to clarify her tardiness within 72 hours to avoid administrative sanctions. Pe, in her response dated Apr
Case Digest (G.R. No. L-27524)
Facts:
- Background of the Case
- Rosemarie B. Pe, Statistician II at the Regional Trial Court-Office of the Clerk of Court, Cebu City, was charged with habitual tardiness.
- A Certification issued on March 15, 2004 by Hermogena F. Bayani confirmed multiple occurrences of tardiness over specified months.
- Record of Tardiness
- In 2002, instances of tardiness were recorded on the following dates:
- May – 17 times
- June – 11 times
- July – 13 times
- August – 20 times
- September – 20 times
- In 2003, tardiness similarly occurred on:
- January – 19 times
- February – 17 times
- March – 20 times
- Explanation and Justification Provided by Pe
- Pe submitted her explanation in a letter dated April 8, 2003, citing her pregnancy as the cause of her tardiness.
- She argued that prior to her pregnancy, she maintained a good record in punctuality.
- Pe emphasized that the physiological and biological changes associated with pregnancy, which affected her punctuality, were common to all pregnant women.
- Despite her explanation, it became apparent that her tardiness persisted even after the termination of her pregnancy.
- Administrative Proceedings and Recommendations
- A letter dated March 12, 2003 directed Pe to provide a written explanation within 72 hours regarding her tardiness.
- Following her explanation, the Office of the Court Administrator (OCA) issued a memorandum dated June 1, 2004 recommending a reprimand for the periods of May to September 2002 and January to March 2003.
- The OCA, referring to a prior resolution (A.M. No. 00-6-09-SC), concluded that a health condition, such as pregnancy, is not a sufficient justification to excuse habitual tardiness.
- Additional Context from the Record
- Medical evidence established that Pe was pregnant from April 20, 2002, and delivered on October 14, 2002.
- Despite the end of her pregnancy, the tardiness continued into 2003, thus invalidating the claim that pregnancy was the sole cause of the delays.
- The record also indicated that for several months in 2002 and 2003, Pe was tardy more often than she was punctual.
Issues:
- Justification of Tardiness
- Whether the explanation of pregnancy could serve as a valid justification for habitual tardiness in the context of administrative service.
- If a health condition is acceptable as a mitigating circumstance under civil service rules regarding punctuality.
- Determination of Habitual Tardiness
- Whether the frequency and persistence of Pe’s tardiness meet the criteria for habitual tardiness as defined by Civil Service Memorandum Circular No. 23, Series of 1998.
- The proper interpretation of "habitual" in the context of multiple instances recorded over two years.
- Appropriate Disciplinary Action
- What the suitable penalty should be given the extent of repeated tardiness despite earlier mitigating explanations.
- Whether a reprimand is sufficient or a stiffer penalty, such as suspension, is warranted considering the repeated offenses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)