AM P 07 2303; (July, 2008) (Digest)
A.M. No. P-07-2303, July 4, 2008
RE: REPORT OF ATTY. ELENITA MACATANGAY-ALVIAR, Branch Clerk of Court, Regional Trial Court, Branch 102 of Quezon City ON THE ALLEGED TARDINESS AND FALSIFICATION OF TIME CARDS OF MR. JOVENCIO G. OLIVEROS, JR., Utility Worker, RTC, Branch 102, Quezon City.
FACTS
Atty. Elenita Macatangay-Alviar, Branch Clerk of Court of the Regional Trial Court (RTC), Branch 102 in Quezon City, formally reported that utility worker Jovencio G. Oliveros, Jr. was habitually tardy and had falsified his daily time records. The report was supported by certified copies of Oliveros’ time cards from July 2004 to June 2006 and monthly records of his absences and tardiness. In his defense, Oliveros denied the charges. He claimed his reported absences were due to the Branch Clerk’s failure to verify his leave applications with the judge. Regarding tardiness, he argued he often arrived early but would forget to punch his time card due to preoccupation with his morning chores. As to the alleged falsification, he contended he merely made corrections to faint entries with Atty. Alviar’s permission, which she later denied due to a personal misunderstanding.
ISSUE
Whether respondent Jovencio G. Oliveros, Jr. is administratively liable for habitual tardiness and falsification of official documents.
RULING
Yes, the Supreme Court found Oliveros guilty of both charges. On habitual tardiness, the Court agreed with the Office of the Court Administrator’s (OCA) finding that Oliveros was tardy ten times in both July and August 2005, which meets the definition under Civil Service Memorandum Circular No. 23, s. 1998. His explanation of forgetting to punch in due to early chores was deemed not credible, as the routine act of logging attendance becomes habitual; such frequent forgetfulness over two months was improbable. The time card is the primary proof of punctuality.
Regarding falsification, the Court found that Oliveros tampered with his time card for April 2006, specifically an entry for April 19 that was punched on April 4, as verified by the Branch Clerk. This act constitutes falsification of an official document, a grave offense under the Civil Service Rules punishable by dismissal even for a first offense. The Court emphasized that all judiciary personnel must uphold the highest standards of conduct and responsibility. Consequently, Oliveros was dismissed from service with forfeiture of all benefits, except accrued leave credits, and with prejudice to reemployment in any government agency.