Title
Supreme Court
Lozada vs. Zerrudo
Case
A.M. No. P-13-3108
Decision Date
Apr 10, 2013
Court clerks reprimanded for discourteous behavior towards security guards, failing to file comments deemed admission, emphasizing judiciary professionalism.

Case Summary (G.R. No. 246012)

Allegations of Unprofessional Conduct

The administrative case stems from allegations made by the complainants in a letter transmitted to the Office of the Court Administrator (OCA) on July 21, 2010. The complainants reported that they were tasked by Executive Judge Antonio M. Natino to collect attendance record sheets for court employees every Monday at 8:00 a.m. On July 19, 2010, as they collected the record sheets, a woman identifying herself as an employee of the OCC-MTCC took the records under the pretext of submitting them since the office was not yet open. Shortly afterward, the complainants observed that these record sheets were being signed by employees arriving late. When they confronted this situation, they were met with hostility from respondents Sermonia and Zerrudo, who publicly berated and confronted them, causing embarrassment.

Procedural Developments Regarding Respondents

Following the incident, the OCA instructed both respondents to submit their comments on the complaint, granting them extensions repeatedly due to various claims for additional time including participation in seminars and the impact of an earthquake on operations at the court. Despite these extensions—which cumulatively provided them nearly two years to respond—neither respondent complied by submitting their comments.

Consequences of Non-Compliance

The OCA, citing the lack of responses from the respondents as an admission of guilt for the charges leveled against them, recommended their culpability for the allegations. The recommendation emphasized that their failure to respond not only indicated an admission of the complaints but also served to intensify their liability for discouraging the complainants and covering up their own irregularities regarding the attendance records. The respondents had also faced similar issues in previous instances, with a history of administrative complaints and penalties.

Recommendations and Final Decision

In a recommendation sent to the Court, the OCA proposed a six-month suspension without pay for both respondents, coupled with a warning that any recurrence of similar behavior would result in harsher penalties. It was emphasized that the continued refusal to submit any remarks constituted an affront to the court’s authority and regulations, reflecting poorly on the standard of conduct expected from judicial employees.

Court’s Final Resolution

The Court ultimately reprima

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