G.R. No. A.M. No. 15-05-50-MCTC, February 28, 2024
IN RE: INCORRECT ENTRIES IN THE DAILY TIME RECORD OF MS. LORNA M. MARTIN, COURT STENOGRAPHER I, MUNICIPAL CIRCUIT TRIAL COURT (MCTC), STA. IGNACIA-MAYANTOC-SAN CLEMENTE-SAN JOSE, TARLAC

FACTS

Judge Stela Marie Q. Gandia-Asuncion of the MCTC of Sta. Ignacia-Mayantoc-San Clemente-San Jose, Tarlac, reported Ms. Lorna M. Martin, Court Stenographer I of the same court, to the Office of the Court Administrator (OCA) for incorrect declarations in her Daily Time Record (DTR). Specifically, Martin logged her arrival at 1:00 p.m. and departure at 5:00 p.m. on August 11, 2014, when she did not report for work that afternoon. She also logged her arrival at 8:00 a.m. and departure at 12:00 p.m. on May 6, 2014, when she was not present that morning. Incorrect entries were also noted for May 16, 2014. In her Comment, Martin denied the allegations, claimed she reported for work, accused her officemates and the OIC Clerk of Court of ill feelings, and asserted that Judge Gandia-Asuncion had been unfair to her. The case was referred to Judge Rixon M. Garong for investigation. Judge Garong found, based on an examination of the logbook and sworn statements from court personnel, that Martin tampered with the logbook entries for the three dates and exhibited insubordination by refusing lawful orders from her superiors. The OCA, evaluating the complaint, recommended finding Martin guilty of dishonesty and insubordination and imposing a two-month suspension without pay.

ISSUE

Whether Ms. Lorna M. Martin committed the acts charged and if so, whether the same merit administrative sanction.

RULING

Yes, Martin is administratively liable. The Court adopted the factual conclusions of the OCA but modified the penalty. The Court found substantial evidence that Martin falsified her DTR on May 6, 2014, May 16, 2014, and August 11, 2014, by making it appear she was present when she was not, including the use of correction fluid on an entry. This act of falsification of an official document constitutes serious dishonesty and gross misconduct, which are grave offenses. Furthermore, Martin was found guilty of insubordination for her willful refusal to obey the lawful orders of Judge Gandia-Asuncion and the OIC Clerk of Court. Contrary to the OCA’s recommendation of a two-month suspension, the Court imposed the penalty of dismissal from service, with forfeiture of all retirement benefits except accrued leave credits, and with prejudice to reemployment in any government branch or instrumentality. The Court emphasized that falsification of a DTR is a grave offense punishable by dismissal for the first offense, and that court personnel must uphold the highest standards of honesty and integrity.