Title
Re: Employees Incurring Habitual Tardiness and Undertime in the 1st Semester of 2017
Case
A.M. No. 2017-11-SC
Decision Date
Jul 27, 2020
Three SC employees penalized for habitual tardiness, one for undertime; suspensions and reprimands imposed despite personal justifications.

Case Summary (G.R. No. L-45109)

Applicable Law

The relevant legal framework includes the 1987 Philippine Constitution and several CSC Memorandum Circulars, notably MC No. 4, Series of 1991, regarding absenteeism and tardiness, MC No. 17, Series of 2010 concerning policies on half-day absence, and MC No. 16, Series of 2010 governing undertime. This situation is also governed by the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS).

Factual Background

On January 10, 2018, Atty. Eden T. Candelaria of the Office of Administrative Services reported that three court employees had shown habitual tardiness, and one employee had incurred excessive undertime, leading to recommendations for administrative penalties. The employees reported for tardiness included Ms. Gamolo, Ms. ZuAiga, and Ms. Benbinuto, while Ms. Silva faced issues with undertime.

Employee Justifications for Tardiness

In their explanations for habitual tardiness, Ms. Gamolo cited personal health struggles and familial responsibilities as contributing factors to her late arrivals. Ms. ZuAiga highlighted the emotional distress stemming from personal relationships, compounded by the pressures of single motherhood. Conversely, Ms. Silva acknowledged her undertime violations, attributing them to personal circumstances related to her family, particularly her child's occupational therapy.

Recommendations from the Office of Administrative Services

The OAS recommended specific penalties based on the employees' records and explanations. Ms. Gamolo, identified as a repeat offender, was suggested to receive a five-day suspension, while Ms. ZuAiga was advised to receive a reprimand for her first offense. Given Ms. Benbinuto's resignation prior to the infraction being reported, it was proposed that her offenses be noted in her employee file but not penalized further. For Ms. Silva, it was recommended she be suspended for five days without pay for her violations of undertime policy.

Ruling on Employee Accountability

The Court affirmed the OAS’s evaluations, reasserting the importance of punctuality in maintaining public respect for the judiciary. The Court emphasized that the justifications provided by the employees, while sympathetic, could not excuse habitual tardiness and must be addressed stringently to ensure operational efficiency and trust in the administration of justice.

Penalties Imposed

The Court adopted the recommendations from the OAS, imposing the fo

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