AM 2005 20 SC; (March, 2006) (Digest)
A.M. No. 2005-20-SC, March 23, 2006
RE: VIOLATION OF ADMINISTRATIVE CIRCULAR NO. 14-2002 BY MR. GEMINIANO P. PEREZ
FACTS
The Office of Administrative Services (OAS) charged Geminiano P. Perez, a Supervising Judicial Staff Officer, with tardiness for being late 46 times from January to June 2005, allegedly in violation of Administrative Circular No. 14-2002. The OAS recommended a 30-day suspension without pay, considering this as a second infraction. In his defense, Perez admitted the tardiness but argued he did not violate the Civil Service Commission’s specific rule defining habitual tardiness, which requires being late ten or more times a month for at least two months in a semester. He also contended that subjecting judiciary employees to both CSC rules and additional circulars violated equal protection.
ISSUE
Whether Perez is administratively liable for habitual tardiness under Administrative Circular No. 14-2002.
RULING
The Court dismissed the administrative charge and exonerated Perez. The legal logic rests on a precise reading of the applicable circulars. Administrative Circular No. 14-2002 is titled “Reiterating the Civil Service Commission’s Policy on Habitual Absenteeism.” Its text exclusively addresses absenteeism and habitual absenteeism, with no provision whatsoever regarding tardiness. In contrast, Administrative Circular No. 2-99 explicitly governs both “Absenteeism and Tardiness.” Since Perez was charged specifically under A.C. No. 14-2002, which does not apply to tardiness, the charge lacked a legal basis. The OAS could not properly invoke it for tardiness violations.
Furthermore, the Court noted that Perez’s tardiness record, while extensive, did not meet the CSC’s technical definition of “habitual tardiness” (ten instances monthly for two months). The OAS’s attempt to treat this as a second offense also failed, as a prior administrative case against Perez had been dismissed. Nevertheless, the Court sternly reminded Perez that court employees must be exemplars of public trust, requiring strict observance of working hours to maintain public respect for the judiciary. Punctuality is a non-negotiable standard.