G.R. No.: A.M. No. 2011-01-SC; August 23, 2011
Case Title: RE: LETTER-COMPLAINT OF MR. RECARREDO S. VALENZUELA, CLERK IV, PERSONNEL DIVISION, OAS-OCA AGAINST MR. RICARDO R. GIGANTO, UTILITY WORKER II, PERSONNEL DIVISION, OAS-OCA

FACTS

On January 18, 2011, complainant Recarredo S. Valenzuela (Clerk IV, Personnel Division, OAS-OCA) filed a sworn Letter-Complaint against respondent Ricardo R. Giganto (Utility Worker II, same division) for Grave Misconduct Unbecoming a Court Employee and Physical Injuries. Valenzuela alleged that on January 14, 2011, while he was at his desk, Giganto suddenly and without provocation grasped his shirt, punched him in the face causing him to fall, and then delivered several more fist blows to his head and eye, resulting in profuse bleeding. He submitted a Medical Certificate dated January 18, 2011, detailing his injuries.
In his Comment dated January 24, 2011, Giganto denied the allegations as incorrect and misleading. He claimed that on the same date, Valenzuela told him that their co-worker, Crisanto Madeja, was planning to stab him. After confronting Madeja, who denied the allegation, Giganto returned to Valenzuela, leading to a heated argument. Giganto asserted that Valenzuela first threatened to hit him, prompting Giganto to punch Valenzuela, resulting in a mutual fistfight. He denied continuously punching Valenzuela on the ground and claimed he also sustained injuries, supported by his own Medical Certificate dated January 21, 2011. Giganto requested his Comment be treated as a counter-complaint and cited prior grievances against Valenzuela involving other co-workers.
Valenzuela filed a Reply on February 1, 2011, denying any retaliation. Sworn statements were taken from both parties and witnesses Abner Cruz, Crisanto Madeja, and Joanne Ruaburo. Cruz and Ruaburo testified that there was a prior heated exchange between the parties and that both exchanged punches during a mutual fistfight. Madeja confirmed Giganto confronted him about the stabbing story, which he denied.
The Office of Administrative Services (OAS), in its Memorandum dated May 27, 2011, found both parties engaged in a fistfight and exchanged punches. It recommended finding both guilty of conduct unbecoming a court employee, constituting simple misconduct. It recommended a 30-day suspension for Giganto as the aggressor and a 7-day suspension for Valenzuela for engaging in the fight and fabricating the stabbing story. It dismissed the charge of physical injuries as a matter for a separate criminal case.

ISSUE

Whether respondents Recarredo S. Valenzuela and Ricardo R. Giganto are administratively liable for their actions during the workplace altercation on January 14, 2011, and if so, what is the proper penalty.

RULING

The Supreme Court MODIFIED the findings and recommendations of the Office of Administrative Services.
1. Administrative Liability: The Court found both Recarredo S. Valenzuela and Ricardo R. Giganto GUILTY of Simple Misconduct. The sworn statements of eyewitnesses Abner Cruz and Joanne Ruaburo conclusively established that the incident was not a one-sided attack as Valenzuela claimed, but a mutual fistfight where both parties exchanged punches. Engaging in a physical altercation within court premises constitutes conduct grossly prejudicial to the best interest of the service and warrants administrative sanction.
2. Penalty: For Simple Misconduct, the applicable penalty under the Revised Uniform Rules on Administrative Cases in the Civil Service is suspension for one (1) month and one (1) day to six (6) months for the first offense. The Court considered the mitigating circumstances of length of service (Valenzuela had 4 years, Giganto had 12 years) and very satisfactory performance ratings for both parties over the past three semesters. However, the Court also considered the aggravating circumstance that the offense was committed during office hours and within the premises of the office.
3. Modified Penalties:
* For Ricardo R. Giganto: The Court imposed a suspension of two (2) months without pay. He was deemed more culpable as the aggressor who threw the first punch.
* For Recarredo S. Valenzuela: The Court imposed a suspension of one (1) month without pay. While he participated in the fight, his fabrication of the stabbing story was a proximate cause of the altercation.
4. Other Charges: The charge of Physical Injuries was correctly dismissed by the OAS, as it pertains to a criminal action that must be filed separately. The counter-complaint and prior grievances cited by Giganto against Valenzuela were not substantiated in the present proceedings and were not ruled upon.
The Court STERNLY WARNED both respondents that a repetition of the same or similar acts would be dealt with more severely. The decision is immediately executory.