In RE: Employees Incurring Habitual Tardiness and Undertime in the First Semester of 2017, the Supreme Court addressed administrative liabilities of court employees for violating Civil Service Commission (CSC) regulations on tardiness and undertime. The Court emphasized that public office is a public trust, requiring strict adherence to prescribed office hours. It penalized employees based on the 2017 Rules on Administrative Cases in the Civil Service (RACCS), balancing the need for discipline with consideration of mitigating circumstances. This ruling reinforces the importance of punctuality and diligence within the judiciary to maintain public confidence and ensure efficient public service. The decision serves as a reminder that court employees are expected to uphold the highest standards of conduct and dedication to their duties.

Time Matters: When Courthouse Clocks Clash with Employee Conduct

This case originated from a memorandum by Atty. Eden T. Candelaria, Deputy Clerk of Court, which brought to light several instances of habitual tardiness and undertime among court employees during the first semester of 2017. TheLeave Division of the Office of Administrative Services (OAS) had identified employees who violated CSC Memorandum Circulars related to absenteeism, tardiness, and undertime. The central legal question revolves around whether the justifications provided by these employees were sufficient to excuse their infractions, and what administrative penalties were appropriate under existing civil service rules.

The facts revealed that Ms. Jhunine Ann T. Gamolo, Ms. Genevieve Victoria Maria B. Zuñiga, and Ms. Nicole Angela Regina C. Benbinuto were found to have incurred habitual tardiness. Ms. Ivy B. Silva was cited for multiple instances of undertime. Each employee was directed to explain their conduct in writing. Ms. Gamolo cited difficulties in finding childcare and health issues. Ms. Zuñiga attributed her tardiness to anxiety and depression related to personal circumstances. Ms. Silva explained her undertime as necessary for managing family needs, including her son’s occupational therapy. These explanations were carefully reviewed by the OAS, which then made recommendations to the Supreme Court.

The OAS, in its recommendation, emphasized the standard set by the Court, quoting that,

“By being habitually tardy, these employees have fallen short of the stringent standard of conduct demanded from everyone connected with the administration of justice…court officials and employees are at all times behooved to strictly observe official time. As punctuality is a virtue, absenteeism and tardiness are impermissible.”

The OAS considered the Revised Rules on Administrative Cases in the Civil Service (RRACCS) and the 2017 RACCS in determining the appropriate penalties. It noted that while the 2017 RACCS classifies habitual tardiness as a grave offense under Section 46(F)(4), Rule 10, the penalty for habitual tardiness as a light offense was applied because the tardiness did not prejudice the operations of the office. The OAS recommended specific penalties: suspension for Ms. Gamolo (a repeat offender), reprimand for Ms. Zuñiga, attachment of record for Ms. Benbinuto (who had resigned), and suspension for Ms. Silva.

The Supreme Court adopted the evaluation of the OAS, underscoring that public office is indeed a public trust as enshrined in Section 1, Article XI of the 1987 Constitution. Consequently, public officials and employees are obligated to comply with the Civil Service Law and Rules, including the observance of office hours. The Court referenced Administrative Circular No. 1-99 and Administrative Circular No. 2-99, which stress the importance of punctuality and the need to address absenteeism and tardiness severely.

In its legal reasoning, the Court relied on Basco v. Gregorio, where the Court stated:

“The exacting standards of ethics and morality imposed upon court employees and judges are reflective of the premium placed on the image of the court of justice…every employee of the Judiciary should be an example of integrity, probity, uprightness, honesty and diligence.”

The Court acknowledged the employees’ explanations—illness, family obligations, and domestic concerns—but deemed them insufficient to excuse the infractions. The Court also categorized offenses based on the 2017 RACCS. Frequent Unauthorized Absences (Habitual Absenteeism) are classified as a grave offense under Section 50 (B)(5), Rule 10. Habitual Tardiness is considered a light offense under Section 50(F), Rule 10. This distinction is essential in determining the appropriate penalties.

Regarding Ms. Gamolo, the Court noted that this was her second offense, making her subject to suspension under Section 50(F)(4), Rule 10 of the 2017 RACCS. For Ms. Zuñiga, as this was her first offense, a reprimand was deemed appropriate, with a warning that any recurrence would be dealt with more severely. The Court accepted Ms. Benbinuto’s resignation. However, the Court directed that her record of habitual tardiness be attached to her 201 File for future reference.

For Ms. Silva, the Court found her liable for simple misconduct for violating the Policy on Undertime as established by CSC MC No. 16, series of 2010. Simple misconduct, under Section 50 (D)(2), Rule 10 of the 2017 RACCS, is classified as a less grave offense. Though punishable by suspension, the Court considered mitigating circumstances—13 years of service, acknowledgment of the infraction, and remorse—resulting in a five-day suspension without pay. Section 53 of the RACCS allows for consideration of mitigating and aggravating circumstances in determining penalties, except for offenses punishable by dismissal.

The Court emphasized that while personal hardships may exist, they do not excuse government employees from their responsibilities. Employees facing such challenges can seek flexible work arrangements following Civil Service guidelines. This decision underscores the Judiciary’s commitment to maintaining high standards of conduct and efficiency among its employees. It serves as a reminder that while personal circumstances are considered, the paramount importance of public service and adherence to regulations cannot be compromised.

FAQs

What was the key issue in this case?	The key issue was whether the court employees’ explanations for their habitual tardiness and undertime were sufficient to excuse their infractions, and what administrative penalties were appropriate under civil service rules.
What is habitual tardiness according to CSC rules?	Habitual tardiness refers to a pattern of consistently reporting late for work, violating Civil Service Commission regulations on punctuality and attendance. The specific definition and consequences are outlined in CSC Memorandum Circulars.
What penalties did the employees face?	The penalties ranged from reprimand to suspension without pay, depending on the number of offenses and the specific violation. Ms. Gamolo, as a repeat offender, received a suspension, while Ms. Zuñiga received a reprimand. Ms. Silva was suspended for undertime.
What is the significance of the 2017 RACCS in this case?	The 2017 RACCS provides the framework for classifying administrative offenses and determining the corresponding penalties. The Court used it to distinguish between light and grave offenses.
How does the Court balance personal circumstances with work responsibilities?	The Court acknowledges personal hardships but emphasizes that they do not excuse employees from their work responsibilities. Employees are encouraged to seek flexible work arrangements when possible.
What does the ruling say about public office being a public trust?	The ruling reaffirms that public office is a public trust, requiring strict adherence to office hours and diligent performance of duties. Public servants must uphold high standards of conduct.
What is the difference between habitual tardiness and simple misconduct in this context?	Habitual tardiness refers to repeatedly being late for work, while simple misconduct involves other violations of conduct, such as incurring undertime without proper justification. Each carries its own set of penalties.
Why was Ms. Benbinuto’s case handled differently?	Ms. Benbinuto had resigned before the Leave Division’s report, so a reprimand was not possible. Instead, the Court ordered her record of habitual tardiness to be attached to her 201 File for future reference.

This case reinforces the Judiciary’s commitment to maintaining high standards of conduct and efficiency among its employees. By addressing habitual tardiness and undertime, the Court underscores the importance of punctuality and diligence in upholding public trust. The penalties imposed, while considering mitigating circumstances, serve as a reminder that public service demands a strong commitment to duty and adherence to established regulations.

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: EMPLOYEES INCURRING HABITUAL TARDINESS AND UNDERTIME IN THE FIRST SEMESTER OF 2017, A.M. No. 2017-11-SC, July 27, 2020