The Supreme Court affirmed the dismissal of a court stenographer for habitual absenteeism, falsification of time records, gross misconduct, neglect of duty, and immorality. This decision reinforces the high ethical standards expected of public servants and underscores that dishonesty and moral turpitude will not be tolerated within the judiciary, ensuring public trust and efficient service.

When Court Stenographers Stray: Unexcused Absences and Extramarital Affairs

This consolidated case stems from administrative complaints against Marilou A. Cabanatan, a Stenographer III in the Regional Trial Court of Maddela, Quirino. Judge Ma. Theresa L. Dela Torre-Yadao reported Cabanatan’s habitual absenteeism, tardiness, falsification of daily time records, serious misconduct, disobedience, gross neglect of duty, and gross immorality. Separately, Remegia R. Pagaduan filed a verified complaint accusing Cabanatan of having an affair with her husband. The accusations paint a picture of an employee failing in her duties and engaging in conduct unbecoming of a public servant, leading to a thorough investigation and subsequent legal proceedings.

The investigation revealed a pattern of absences and tardiness spanning several months. The records showed that Cabanatan was absent for more than 40 days and late numerous times. Judge Yadao testified that Cabanatan even took the court logbook without permission. Further investigation confirmed Cabanatan’s repeated failures to submit timely transcripts of stenographic notes (TSNs), vital documents for judicial proceedings.

The most damaging accusation was that of immorality. Judge Yadao submitted a marriage certificate showing Cabanatan was married to Maximo Cabanatan, along with hospital birth records for one of Cabanatan’s children listing Rodney Pagaduan as the father. Witnesses testified that Cabanatan and Pagaduan lived together as husband and wife and even ran a business together. The Court Process Server, Noli Pagbilao, and former docket clerk, Norman Ruaboro, both confirmed the relationship, adding substantial weight to the claim of immorality. These pieces of evidence formed a compelling case against Cabanatan.

Cabanatan offered explanations, claiming that her absences were due to fear of Judge Yadao and the distance between her home and the court. She denied falsifying her time records and claimed the immorality complaint was a fabrication designed to ruin her reputation. However, she failed to convincingly refute the evidence presented against her. She did state in her answer to the verified complaint for immorality that she had reconciled with her husband, Maximo Cabanatan, for the sake of their children.

The Supreme Court, siding with the Office of the Court Administrator (OCA), found Cabanatan guilty on all counts. The Court emphasized that under Section 23(q), Rule XIV of the Omnibus Rules Implementing Book V of E.O. No. 292, habitual absenteeism is defined as “unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least three (3) months in a semester or at least three (3) consecutive months during the year.” Cabanatan’s frequent tardiness and absences without leave clearly violated this rule, resulting in unsatisfactory job performance.

“Under Civil Service Resolution No. 991936, dated August 31, 1999, ‘frequent unauthorized absences, or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during regular office hours’ is classified as a grave offense.”

The Court also addressed the issue of immorality, stating that an illicit relationship is considered disgraceful and immoral conduct subject to disciplinary action. While Cabanatan attempted to deny the accusations, the testimony of Judge Yadao, along with witness accounts and documentary evidence, provided a solid basis for finding her liable. Given the gravity of her offenses, the Supreme Court ordered her dismissal from service with forfeiture of benefits, and disqualification from future government employment. The court held that her unexplained tardiness and habitual absences, coupled with immorality, constituted gross misconduct and conduct prejudicial to the best interest of public service.

FAQs

What were the main charges against Marilou Cabanatan?	The main charges were habitual absenteeism, falsification of her daily time record, gross misconduct, gross neglect of duty, and immorality. These stemmed from reports by Judge Ma. Theresa L. Dela Torre-Yadao and a separate complaint for immorality.
What evidence supported the charge of habitual absenteeism?	Daily Time Records (DTRs), Monthly Reports of Absences and Tardiness, and Monthly Reports of Employees’ Attendance showed that Cabanatan was absent for more than 40 days and late numerous times over several months. This documentation formed a clear pattern of absenteeism.
How did the court define habitual absenteeism?	The court referenced Section 23(q), Rule XIV of the Omnibus Rules, which defines habitual absenteeism as unauthorized absences exceeding the allowable 2.5 days monthly leave credit for at least three months in a semester or three consecutive months during the year.
What evidence supported the charge of immorality?	Evidence included Cabanatan’s marriage certificate to Maximo Cabanatan and her child’s birth record indicating Rodney Pagaduan as the father. Witnesses also testified that Cabanatan and Pagaduan lived together, which provided strong evidence of an extramarital affair.
What was Cabanatan’s defense against the charges?	Cabanatan claimed that her absences were due to fear of Judge Yadao and distance from the court. She denied falsifying her time records and claimed the immorality complaint was a fabrication to ruin her. However, she failed to provide substantial evidence to support her claims.
What penalty did Cabanatan receive?	The Supreme Court ordered Cabanatan’s dismissal from service, forfeiture of all benefits except accrued leaves, and disqualification from re-employment in any branch of government, including government-owned and/or controlled corporations.
Why was such a severe penalty imposed?	The penalty was severe because Cabanatan’s actions constituted grave offenses, including habitual absenteeism, falsification, and immorality, which are violations of civil service rules and demonstrate a lack of integrity and trustworthiness required of public servants.
What is the practical implication of this ruling?	The ruling reinforces that public servants must maintain high ethical standards and fulfill their duties diligently. Failure to do so, especially through dishonesty or immoral conduct, can result in severe penalties, including dismissal from service.

This case underscores the importance of accountability and ethical conduct in public service. The Supreme Court’s decision serves as a reminder that public servants are held to a high standard of integrity and that actions such as absenteeism and immoral conduct will not be tolerated. The ruling emphasizes that trustworthiness and diligence are paramount in maintaining public confidence in the judicial system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JUDGE MA. THERESA L. DELA TORRE-YADAO vs. MARILOU A. CABANATAN, A.M. No. P-05-1953, June 08, 2005