AM P 10 2763; (February, 2010) (Digest)
G.R. No. A.M. No. P-10-2763. February 10, 2010.
RE: IRREGULARITY IN THE USE OF BUNDY CLOCK BY SOPHIA M. CASTRO and BABYLIN V. TAYAG, SOCIAL WELFARE OFFICERS II, BOTH OF THE REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, ANGELES CITY.
FACTS
1. The Office of the Court Administrator (OCA) directed an investigation into the bundy cards of respondents Sophia M. Castro and Babylin V. Tayag, Social Welfare Officers II of the RTC, Angeles City, for August 1, 2008, due to irregular entries showing morning time-in as “19:30” and “19:31,” which indicated the cards were punched in the evening.
2. The Executive Judge reported that the court’s attendance logbook for August 1, 2008, did not contain the names of Castro and Tayag. In their joint explanation, they admitted they did not report to the office in the morning as they had to attend to an adoption matter in Magalang, Pampanga, in the afternoon. They proceeded without a travel order. Upon realizing they had not punched their bundy cards, they did so at “19:30” and “19:31,” mistakenly thinking it would register as “7:30 a.m.” and “7:31 a.m.”
3. In their separate comments to the OCA, Castro reiterated the need for the impromptu interview and claimed she forgot to punch in due to busy preparations. Tayag claimed she considered filing a leave but did not, and upon returning to court, she and Castro committed the “despicable act” of punching their cards to make it appear they were present the whole day.
ISSUE
Whether respondents Sophia M. Castro and Babylin V. Tayag are administratively liable for their actions concerning the use of their bundy cards and for leaving the court premises without a travel order.
RULING
Yes, respondents are administratively liable.
1. The Court found respondents guilty of Dishonesty, a grave offense punishable by dismissal for the first offense, for fraudulently punching their bundy cards to falsify their attendance. Dishonesty is defined as the disposition to lie, cheat, deceive, or defraud.
2. The Court also found respondents guilty of Violation of reasonable office rules and procedures, a light offense, for leaving the court premises without the required travel order.
3. The OCA recommended a penalty of six-month suspension for each respondent, considering mitigating circumstances: (a) they confessed to the irregularities and sought forgiveness; (b) Castro revealed she is suffering from Stage 2 Breast Cancer and financial hardship; (c) Tayag vowed not to repeat the mistake; (d) it was their first offense; and (e) the Court has previously shown compassion in similar cases based on acknowledgment of guilt, remorse, and length of service, as provided under the Uniform Rules on Administrative Cases.
4. The Supreme Court adopted the OCA’s evaluation and recommendation. While dishonesty is a grave offense warranting dismissal, the mitigating circumstances justified a lower penalty.
DISPOSITIVE:
Respondents Sophia M. Castro and Babylin V. Tayag are SUSPENDED for Six Months without pay, with a STERN WARNING that a repetition of the same or similar acts shall be dealt with more severely.