Case Summary (A.M. No. P-07-2390)
Allegations of Misconduct
The allegations centered around claims that Isip falsified his DTR by clocking in at the RTC-Guagua, where his wife worked, rather than his designated RTC-San Fernando. The anonymous informants expressed that Isip would time in at the RTC-Guagua after office hours and then return to RTC-San Fernando, effectively misrepresenting his actual attendance and timing.
Investigation Findings
The investigation commenced under Executive Judge Adelaida Ala-Medina, who gathered testimonies from security and office personnel. Security guard Amir Karon witnessed Isip arriving directly at his office without recording his entry. Karon confronted Isip, who admitted to the practice of punching in at RTC-Guagua. Moreover, the entries in the OCC logbook demonstrated discrepancies between the recorded time and Isip’s actual arrival, suggesting a consistent pattern of misrepresentation.
Respondent’s Admission and Circumstantial Evidence
During the investigation, Isip acknowledged his wrongdoing and explained the irregularity. His attempt to justify the discrepancies was analyzed against established practice; his sign-in times were inconsistent with others who arrived before him. Despite this, the Investigating Judge pointed out that Isip's actions were not a repeated pattern of behavior, as this incident marked his first offense in over a decade of service.
Recommendations of the Investigating Judge
The Investigating Judge reached the conclusion that dishonesty is a grave offense deserving severe penalties, typically resulting in dismissal. However, considering Isip's long service, his acknowledgment of the infraction, and signs of remorse, the Judge recommended a one-year suspension without pay as an appropriate penalty.
Office of the Court Administrator’s Recommendation
The OCA supported the Investigating Judge’s recommendation but reinforced the expectation of integrity required in public service. Although Isip’s conduct was deemed inappropriate, the OCA considered mitigating circumstances such as his service record and genuine remorse, advising a suspension for one year without pay rather than outright dismissal.
Court’s Ruling
The court found Isip guilty of dishonesty, reinforcing the existence of discrepancies between the DTR and logbook entries. Citing specific OCA circulars, the court ruled
...continue readingCase Syllabus (A.M. No. P-07-2390)
The Facts
- Three anonymous letters from alleged disgruntled employees of the RTC-San Fernando accused Lyndon L. Isip of falsifying his daily time record (DTR).
- Allegations included that Isip would time in at RTC-Guagua, where his wife worked, to avoid being late for his official duty at RTC-San Fernando.
- Isip was said to bring his DTR home, punch in at RTC-Guagua the following morning, and then arrive at RTC-San Fernando.
- The case was referred to Executive Judge Adelaida Ala-Medina for investigation, report, and recommendation.
Report of the Investigating Judge
- Security guard Amir Karon testified that he observed Isip arriving on November 22, 2004, and going directly to the Office of the Clerk of Court (OCC) without punching in his DTR.
- Karon confronted Isip, who admitted to the practice of punching in at RTC-Guagua.
- Head guard Raoul Pelinio noted that Isip's DTR did not correspond to his actual time of arrival, as recorded in the OCC logbook.
- Administrative Officer Florenda OrdoAez explained discrepanc