G.R. No.: A.M. No. 08-12-357-MCTC
Date: February 10, 2009

Case Parties: Re: Dropping from the Rolls of Ms. Paciencia E. Ajanab, Court Stenographer I, MCTC, Maluso, Basilan.

FACTS

This administrative matter originated from a letter dated August 8, 2008, by Judge Juan Gabriel H. Alano, Presiding Judge of the Municipal Circuit Trial Court (MCTC) of Maluso, Basilan, requesting that Mrs. Paciencia E. Ajanab, Court Stenographer I, be dropped from the rolls for obtaining unsatisfactory performance ratings. The records show that during a personnel meeting on November 20, 2007, Judge Alano called Mrs. Ajanab’s attention to the disarray of files for election cases assigned to her. She explained she was computer illiterate and requested to use a typewriter instead. Her caseload was reassigned to other stenographers to avoid delay. Despite constant reminders, her performance did not improve, resulting in an unsatisfactory rating for July-December 2007. Judge Alano sent her a notice dated January 15, 2008, explaining the rating, warning that failure to improve could lead to separation, and giving her an opportunity to submit a written explanation, which she did not provide.
Mrs. Ajanab’s performance further deteriorated. Judge Alano reported that to decide two criminal cases, he had to rely on his own notes because her transcript of stenographic notes was inaccurate, transcribed by another person, used a different font, and had tampered page numbers, rendering its integrity dubious. She received another unsatisfactory rating for January-June 2008, for which Judge Alano issued a second notice, averring he had done her job for the past four years to no avail, and recommended her separation.
In a letter dated August 7, 2008, Mrs. Ajanab admitted her limited computer knowledge, describing herself as an “old timer” left behind by technological developments. She explained she transcribed notes with her son’s aid using their personal computer, accounting for the font and absence from the office database. She claimed she could not become computer-literate overnight as no Supreme Court program was offered, pleaded for indulgence, and requested transfer to a position not requiring computer use.
The Office of the Court Administrator (OCA), in its Report dated November 11, 2008, found that the documentary requirements for dropping an employee for unsatisfactory performance under CSC Memorandum Circular No. 40, series of 1998, and OCA Circular No. 172-2003 had been met. Judge Alano issued notices within 30 days from the end of each semester, informing her of the ratings, warning of separation, and providing an opportunity to comment. The OCA recommended that Mrs. Ajanab be dropped from the rolls for two consecutive unsatisfactory ratings and her position be declared vacant, noting this non-disciplinary action would not forfeit benefits or disqualify her from reemployment.

ISSUE

Whether Mrs. Paciencia E. Ajanab should be dropped from the rolls as Court Stenographer I due to obtaining two consecutive unsatisfactory performance ratings.

RULING

The Supreme Court APPROVED the OCA’s recommendation. Mrs. Paciencia E. Ajanab is DROPPED FROM THE ROLLS, and her position is declared VACANT. Her separation from service is non-disciplinary in nature and shall not result in the forfeiture of any benefits under existing laws nor disqualify her from reemployment in the government.
The Court found the OCA’s recommendations in accord with law and facts. While empathizing with Mrs. Ajanab’s plight, the Court emphasized the demands of public service, stating that court personnel must be examples of responsibility, competence, and efficiency, discharging duties with due care and utmost diligence. Retaining an incompetent and grossly inefficient employee would be a great disservice to the public. The requirements under the Omnibus Rules were satisfied: written notices were timely issued by the supervisor, informed her of the unsatisfactory ratings, warned of separation, and provided sufficient information and opportunity to explain.