Case Summary (G.R. No. L-3717)
Facts of the Case
Irregularities were discovered in the bundy card entries of November 2009 for the six employees, who falsely indicated their morning arrivals by later modifying their entries to show evening times as if they had come to work on time. Deputy Court Administrator Jesus Edwin A. Villasor formally requested an explanation for these discrepancies on March 17, 2010. Although the Regional Trial Court’s logbook was reportedly lost, an investigation led by Executive Judge Remigio M. Escalada confirmed that all six employees admitted to altering their bundy card entries during this time.
Investigation and Admissions
During the investigation, the respondents explained that their office was temporarily relocated due to rehabilitation work, which made it difficult to punch in at the correct time. They claimed various reasons, including rainy weather, for their tardiness. However, they admitted to applications of the same irregularities in previous months and expressed remorse for their actions. They acknowledged the mistakes and requested leniency, citing their long tenure and good performance records.
OCA Recommendation
The OCA report recommended holding all six employees administratively liable for dishonesty, stating that mere expressions of remorse do not absolve them of responsibility. The report asserted that their actions constituted deceitful practices under the law, specifically noting that the affidavits of their witnesses did not substantiate their claims regarding the time of arrival. The OCA proposed fines and severe reprimands for each employee, with the Clerk of Court VI receiving a higher penalty.
Court's Ruling
Following a meticulous review, the Court affirmed the findings of administrative liability for all six respondents. Citing the OCA Circular No. 7-2003 and the relevant sections of the Omnibus Civil Service Rules, the Court emphasized that the accurate recording of time is a personal duty that cannot be delegated. The act of punching bundy cards after hours, while attempting to reflect actual morning attendance, was deemed a falsification of records.
Mitigating Factors
Acknowledging the potential mitigating circumstances such as the respondents' length of service and e
...continue readingCase Syllabus (G.R. No. L-3717)
The Case
- This case revolves around an administrative complaint for dishonesty filed against six employees of the Office of the Clerk of Court, Regional Trial Court (RTC) of Balanga City, Bataan.
- The respondents include:
- Atty. Romeo L. de Lemos, Clerk of Court VI
- Dominador C. Masangkay, Sheriff IV
- Adelaida D. Tolentino, Cash Clerk II
- Ma. Fatima M. Yumena, Data Entry Machine Operator II
- Ma. Fe E. Yumol, Court Aide II
- Ronald M. Taguinod, Process Server
The Facts
- Irregularities were discovered in the bundy card entries for November 2009, indicating that the employees had punched in their arrival times in the evening instead of the morning.
- On March 17, 2010, Deputy Court Administrator Jesus Edwin A. Villasor requested the Executive Judge Remigio M. Escalada, Jr. to have the six personnel explain the irregularities within ten days and to provide a logbook of attendance for November 2009.
- The Executive Judge reported on April 15, 2010, that the logbook was lost during a transfer of records and equipment, with only a new logbook available starting January 4, 2010.
- An investigation conducted by Judge Escalada revealed that all six employees admitted to altering their bundy card entries.
- De Lemos explained that the office was temporarily relocated, making it difficult to punch in at the d