AM P 04 1861; (August, 2004) (Digest)
A.M. No. P-04-1861. August 31, 2004.
Re: Habitual Tardiness of Mario J. Tamang, Sheriff IV, Regional Trial Court, Branch 168, Pasig City.
FACTS
This administrative case concerns Mario J. Tamang, Sheriff IV of the RTC, Branch 168 in Pasig City. A certification from the Office of the Court Administrator (OCA) revealed that Tamang incurred habitual tardiness throughout 2003. His tardiness exceeded ten times per month for the consecutive months of January, February, and March in the first semester, and again for July, August, and September in the second semester.
In his explanation, Tamang cited health reasons, specifically a recurring skin condition causing morning pain, and the performance of official duties outside the office, such as serving court processes. He apologized, noted his 20-year unblemished record, and claimed he compensated by working overtime. The OCA found his explanations insufficient and recommended a penalty of reprimand.
ISSUE
Whether respondent Mario J. Tamang is administratively liable for habitual tardiness and, if so, what is the appropriate penalty.
RULING
Yes, Tamang is administratively liable. The Court rejected his justifications. Established jurisprudence holds that health reasons, traffic, household chores, and even official business (unless properly authorized and logged) are not valid excuses to excuse habitual tardiness. Court personnel must be role models in observing official time, as punctuality is essential to maintaining public trust in the judiciary. By definition under Civil Service rules, habitual tardiness is incurred ten times a month for at least two months in a semester or two consecutive months in a year. Tamang’s record clearly met this standard for two separate semesters in 2003, constituting two counts of the offense.
Regarding the penalty, the Court modified the OCA’s recommendation. Under the Revised Uniform Rules on Administrative Cases, the prescribed penalties for habitual tardiness are: first offense reprimand; second offense suspension of 1 to 30 days; third offense dismissal. Since Tamang committed two distinct counts of habitual tardiness in 2003, the applicable penalty for the second offense is suspension. Mitigating his 20 years of service with no prior administrative record, the Court imposed a 15-day suspension. He was sternly warned that repetition would warrant a more severe penalty.