In a case concerning habitual tardiness, the Supreme Court clarified that a suspension imposed on a government employee should be served in calendar days, not working days. This means that weekends and holidays are included in the suspension period. The Court also addressed whether an employee who mistakenly continued serving a suspension beyond its proper end date should have those days deducted from their leave credits, finding that in this instance, the penalty should be excused due to the employee’s good faith and excusable error.

When Does Suspension Really End? Defining ‘Day’ in Administrative Penalties

The case revolves around John B. Benedito, a Clerk III in Olongapo City, who was suspended for ten days due to habitual tardiness. After serving his suspension, Benedito sought clarification from the Supreme Court regarding whether the suspension should be interpreted as ten calendar days or ten working days. The confusion arose because the original resolution imposing the suspension did not specify which type of days were intended. This ambiguity led Benedito to seek guidance on how to properly account for his time away from work, especially concerning his leave credits.

The Office of the Court Administrator (OCA) was tasked with evaluating Benedito’s request. The OCA recommended that the suspension be construed as ten calendar days. The OCA’s reasoning was based on existing practices and interpretations, particularly in analogous cases such as those involving preventive suspensions. To support its position, the OCA cited the case of The Board of Trustees of the Government Service Insurance System and Winston F. Garcia, in his capacity as GSIS President and General Manager v. Albert M. Velasco and Mario I. Molina, where “calendar days” were applied in the counting of the ninety (90) days preventive suspension imposed on respondents.

The Supreme Court agreed with the OCA’s recommendation, stating that the suspension imposed upon Benedito should be understood as calendar days rather than working days. The Court emphasized that even though the original resolution was silent on this matter, the prevailing interpretation in administrative and labor cases leans towards calendar days. This approach aligns with the principle that ambiguities should be resolved in favor of the employee or laborer.

However, the Court also addressed Benedito’s mistaken belief that he was still serving his suspension after the ten calendar days had passed. The OCA had suggested deducting these additional days from his leave credits. The Supreme Court disagreed with this recommendation, taking into account that Benedito’s misinterpretation of the resolution was an honest mistake. The court acknowledged that the resolution was unclear and that Benedito, as a non-lawyer, could not have been expected to definitively determine the correct interpretation.

In reaching its decision, the Court invoked the principle that mistakes made in good faith should be excused, especially when the individual is not learned in the law. This is consistent with the ruling in Wooden v. Civil Service Commission, where the Court exonerated a petitioner who made an honest mistake of fact in his Personal Data Sheet. Just as in Wooden, the Court found no evidence of bad faith or malice on Benedito’s part, leading it to conclude that he should not be penalized for his erroneous interpretation.

The Court underscored that even when a suspension is served on calendar days, it still carries punitive consequences. As noted by the Court, “suspension of one day or more is considered as a gap in the continuity of service.” Moreover, during the suspension period, the employee is not entitled to monetary benefits or leave credits. Finally, the penalty of suspension carries with it disqualification from promotion corresponding to the period of suspension. Therefore, the Court rejected Benedito’s argument that serving the suspension on calendar days undermines its purpose.

The practical implications of this decision are significant for government employees in the Philippines. It clarifies how suspension periods should be calculated, ensuring consistency and fairness in administrative penalties. By ruling that suspensions are to be served in calendar days, the Court provides a clear standard for both employers and employees to follow. Additionally, the Court’s decision highlights the importance of considering the employee’s intent and understanding when implementing disciplinary actions.

The Court’s emphasis on good faith and honest mistakes serves as a reminder that administrative penalties should be applied judiciously, taking into account the specific circumstances of each case. This approach helps to prevent unjust outcomes and promotes a more equitable system of justice within the civil service.

The Supreme Court’s ruling also reinforces the principle that ambiguities in administrative orders should be interpreted in favor of the employee, especially when the employee’s actions are based on a reasonable, albeit mistaken, understanding of the order. This principle is particularly relevant in cases where the employee is not trained in law and may not fully grasp the legal nuances of the order.

Ultimately, this case underscores the importance of clarity and precision in administrative resolutions and orders. When issuing such directives, it is essential for authorities to clearly specify whether periods are to be calculated in calendar days or working days. Such clarity can prevent confusion and ensure that employees are treated fairly and consistently.

The decision serves as a guidepost for administrative bodies in the Philippines, directing them to adopt a uniform standard in interpreting suspension periods. This standardization not only ensures fairness but also promotes transparency in the application of administrative penalties. As such, it is incumbent upon administrative bodies to review their policies and procedures to align them with the Supreme Court’s ruling.

FAQs

What was the key issue in this case?	The key issue was whether a suspension from work should be served in calendar days (including weekends and holidays) or working days (excluding weekends and holidays).
What did the Supreme Court decide?	The Supreme Court decided that the suspension should be served in calendar days. This means that the suspension period includes weekends and holidays.
Why did the employee ask for clarification?	The employee, John B. Benedito, asked for clarification because the original suspension order did not specify whether it was for calendar days or working days, causing confusion about when his suspension ended.
What was the OCA’s recommendation?	The OCA (Office of the Court Administrator) recommended that the suspension be construed as ten calendar days, aligning with the interpretation in similar cases and favoring the employee.
What happened when the employee mistakenly thought he was still suspended?	The Court ruled that because the employee’s mistake was honest and due to the ambiguity of the original order, he should not have those days deducted from his leave credits and should be considered to have rendered full service to the court during those days.
What is the significance of serving a suspension in calendar days?	Serving a suspension in calendar days means that the penalty includes all days, not just working days, which can result in a shorter period away from work compared to serving it in working days.
What are the other consequences of a suspension, besides the cessation of work?	Besides the temporary cessation of work, suspension carries other penalties such as a gap in the continuity of service, non-entitlement to monetary benefits and leave credits, and disqualification from promotion corresponding to the period of suspension.
What was the basis for the Court excusing the employee’s mistake?	The Court excused the employee’s mistake based on the principle that mistakes made in good faith should be excused, especially when the individual is not learned in the law and the original order was ambiguous.

In conclusion, the Supreme Court’s resolution provides valuable clarity on the interpretation of suspension periods for government employees. By establishing that suspensions should be served in calendar days and by excusing the employee’s honest mistake in this particular case, the Court promotes fairness and consistency in the application of administrative penalties.

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: RE: HABITUAL TARDINESS OF CLERK III JOHN B. BENEDITO, A.M. No. P-17-3740, September 19, 2018