G.R. No. P-06-2243. September 26, 2006.
IN RE: IRREGULARITIES IN THE USE OF LOGBOOK AND DAILY TIME RECORDS BY CLERK OF COURT RAQUEL D.J. RAZON, CASH CLERK JOEL M. MAGTULOY AND UTILITY WORKER TIBURCIO O. MORALES, ALL OF THE MUNICIPAL TRIAL COURT-OCC, GUAGUA, PAMPANGA.

FACTS

This administrative matter originated from a spot check conducted by Executive Judge Pamela Ann A. Maxino on September 7, 2004, at the Municipal Trial Court (MTC) of Guagua, Pampanga. Judge Maxino discovered irregularities in the use of the bundy clock and Daily Time Records (DTRs). Specifically, Clerk of Court Raquel D.J. Razon had entries for logging out at 12:00 noon and logging in at 12:06 PM on her DTR for that day, but she was not physically present in the office, having been at the Supreme Court on official business.
An investigation revealed that before leaving, Razon instructed Utility Worker Tiburcio O. Morales to punch her time card. Morales, after punching his own card, handed Razon’s card to Cash Clerk Joel M. Magtuloy, who was near the bundy clock. Magtuloy, informed that Razon was on official business, proceeded to punch the card for the afternoon entries. All three employees submitted comments admitting their actions but pleading good faith, lack of malice, and unfamiliarity with the rules governing the new bundy clock system.

ISSUE

Whether respondents Clerk of Court Raquel D.J. Razon, Cash Clerk Joel M. Magtuloy, and Utility Worker Tiburcio O. Morales are administratively liable for irregularities in the use of the bundy clock and Daily Time Records.

RULING

Yes, all three respondents are administratively liable. The Court found Clerk of Court Raquel D.J. Razon guilty of Dishonesty and Gross Misconduct. As the clerk of court, she was the designated custodian of the bundy clock and was primarily responsible for ensuring the integrity of the attendance monitoring system. By instructing a subordinate to falsify her DTR, she committed a deliberate act of dishonesty that undermined judicial integrity. Her claim of being on official business does not excuse the act, as proper procedures for indicating official time should have been followed. The Court imposed the penalty of suspension for six (6) months without pay, with a stern warning.
Cash Clerk Joel M. Magtuloy and Utility Worker Tiburcio O. Morales were found guilty of Simple Misconduct. While they acted under the instruction of a superior, they were not entirely without fault. As court employees, they have a duty to uphold proper procedures and should not have participated in the falsification. However, considering their subordinate positions, their admission of the act, and their apparent lack of malicious intent, the Court deemed a lighter penalty appropriate. Both were suspended for one (1) month without pay, with a stern warning that a repetition would be dealt with more severely. The Court emphasized that all court personnel must adhere strictly to civil service rules on attendance to maintain public confidence in the judiciary.