A.M. No. P-07-2390. August 19, 2009. OFFICE OF THE COURT ADMINISTRATOR, Complainant, vs. LYNDON L. ISIP, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, City of San Fernando, Pampanga, Respondent.
FACTS

This administrative case originated from anonymous letters alleging that respondent Lyndon L. Isip, Sheriff IV of the RTC of San Fernando, Pampanga, was falsifying his Daily Time Record (DTR). It was claimed he would bring his DTR home and punch it the next morning at the bundy clock of the RTC of Guagua, where his wife worked, before proceeding to his official workstation in San Fernando. The matter was referred for investigation. During the formal investigation, security guard Amir Karon testified that on November 22, 2004, he saw respondent arrive at the San Fernando office without punching his DTR there and that respondent admitted to punching in at Guagua. Head guard Raoul Pelinio corroborated discrepancies between respondent’s logged arrivals and his DTR times.
The Investigating Judge examined the Office of the Clerk of Court (OCC) logbook and found that from October 11, 2004, respondent would record in the logbook the time reflected on his DTR, which was punched in Guagua, but his actual arrival in San Fernando was later. This created illogical sequences in the logbook, such as respondent’s recorded time being earlier than the person who arrived before him. During the investigation, respondent readily admitted to the misconduct of punching his DTR at the RTC-Guagua, which is not his official workstation.

ISSUE

Whether respondent Lyndon L. Isip is administratively liable for dishonesty due to the falsification of his Daily Time Record.

RULING

Yes, respondent is guilty of dishonesty. The Court found that respondent violated OCA Circular No. 7-2003, which mandates that court personnel must record the truthful and accurate times of their arrival and departure at their official workstation. Respondent’s official workstation was the RTC of San Fernando, Pampanga, not the RTC of Guagua. By his own admission, he punched his DTR in Guagua, making the recorded times inaccurate as to his actual arrival at his place of duty. This act of falsifying his time record constitutes dishonesty, a grave offense punishable by dismissal under the civil service rules.
However, the Court considered mitigating circumstances in determining the appropriate penalty. The Court noted respondent’s admission of guilt, his more than twelve years of service in the judiciary, the fact that this was his first offense, and his expression of remorse and promise to reform. While dishonesty typically warrants dismissal, the Court has, in analogous cases, imposed lesser penalties when such mitigating factors are present. Following precedents like Office of the Court Administrator v. Sirios and Office of the Court Administrator v. Saa, where penalties lower than dismissal were imposed for falsification of DTRs, the Court exercised leniency. Consequently, instead of suspension or dismissal, the Court found a fine to be sufficient. Respondent Lyndon L. Isip was found GUILTY of DISHONESTY and FINED Ten Thousand Pesos (P10,000.00), with a stern warning that a repetition of the same or a similar act shall be dealt with more severely.