A.M. No. P-06-2137; September 30, 2008
Re: Unauthorized Absences from the Post of Pearl Marie N. Icamina, Legal Researcher, Regional Trial Court, Branch 8, Kalibo, Aklan.

FACTS

This administrative case involves respondent Pearl Marie N. Icamina, a Legal Researcher at Branch 8, Regional Trial Court (RTC) of Kalibo, Aklan, charged with loafing or frequent unauthorized absences during regular office hours. From July 2001 to October 2002, Presiding Judge Eustaquio G. Terencio issued memoranda directing respondent to complete statements of facts in pending cases. On June 24, 2003, Executive Judge Marietta J. Homena-Valencia issued a memorandum to address complaints of employees leaving after logging in and returning only to log out. On July 14, 2003, complainant Atty. Rhea Vidal-Ibarreta, Clerk of Court V, directed respondent to seek permission before leaving for personal errands. On July 15, 2003, Judge Terencio instructed security guards to monitor personnel movements. Complainant filed a letter-complaint on July 16, 2004, and another on April 26, 2005, attaching certified logbook entries from security guards detailing respondent’s unauthorized absences from January 2005 onward. Respondent, in her Comment dated June 20, 2005, claimed she was singled out and admitted going out for merienda, a privilege given to all employees. The case was referred to Executive Judge Sheila Martelino-Cortes for investigation. During the investigation, complainant alleged respondent regularly left the office despite verbal reminders and memoranda. Respondent admitted going home for personal errands but claimed her research work required visits to the RTC and Integrated Bar of the Philippines (IBP) libraries inside the Hall of Justice, and occasionally to the Aklan Catholic College library outside court premises. The investigating judge’s report, dated December 27, 2007, found that logbook entries from July 15, 2003, to August 15, 2006, showed respondent left almost daily, often for 30 minutes to two hours, sometimes multiple times in an afternoon. The report concluded her excursions were unrelated to research, as the RTC and IBP libraries were inside the building and no evidence supported her claim of using the Aklan Catholic College library. The investigating judge recommended liability for frequent unauthorized absences, with a two-month suspension considering her 20 years of service as a mitigating circumstance. The Office of the Court Administrator (OCA), in a Memorandum dated April 24, 2008, adopted the findings but recommended a six-month-and-one-day suspension, applying the minimum penalty for the grave offense while considering her length of service as mitigation.

ISSUE

Whether respondent Pearl Marie N. Icamina is administratively liable for loafing or frequent unauthorized absences from duty during regular office hours.

RULING

Yes, respondent is administratively liable. The Supreme Court affirmed the OCA’s findings and recommendation. The charge was proven by substantial evidence, particularly logbook entries showing respondent left the Hall of Justice frequently and without authorization from July 15, 2003, to August 15, 2006, often for extended periods. Respondent’s justifications were unmeritorious: the RTC and IBP libraries were inside the building, negating the need to exit, and she provided no evidence of research at Aklan Catholic College. Her admission to leaving for personal errands and failure to comply with memoranda requiring permission further established liability. Under Section 52(A)(17) of the Uniform Rules on Administrative Cases in the Civil Service, loafing or frequent unauthorized absences is a grave offense punishable by suspension of six months and one day to one year for the first offense. Considering respondent’s nearly 20 years of service as a mitigating circumstance under Section 53(j) and Section 54(a) of the Uniform Rules, the minimum penalty was imposed. Accordingly, respondent was found GUILTY and SUSPENDED for six months and one day without pay, with a warning that repetition would be dealt with more severely.