AM P 10 2784; (October, 2011) (Digest)
G.R. No.: A.M. No. P-10-2784; October 19, 2011
Case Title: Falsification of Daily Time Records of Ma. Emcisa A. Benedictos, Administrative Officer I, Regional Trial Court, Malolos City, Bulacan
FACTS
The case is an administrative complaint against Ma. Emcisa A. Benedictos, Administrative Officer I of the Regional Trial Court (RTC), Office of the Clerk of Court in Malolos City, Bulacan, for dishonesty through the falsification of her Daily Time Records (DTRs) or bundy cards. The Office of the Court Administrator (OCA) initiated an investigation after requesting her DTRs for September and October 2004. Benedictos submitted her bundy cards for August, October, and November 2004. Atty. Emmanuel L. Ortega, the Clerk of Court, verified the signatures and reported that only his signature on the November 2004 card was genuine; he disowned the signatures on the August and October 2004 cards. Despite repeated directives from the OCA and subsequent Resolutions from the Supreme Court (dated June 29, 2005, June 25, 2007, and March 26, 2008) ordering her to file a comment on the allegation, show cause for her non-compliance, and pay a fine, Benedictos consistently failed to comply, submit the required comment, or pay the imposed fine of ₱1,000.00. The Court eventually deemed her to have waived her right to comment and referred the case to the OCA for evaluation. The OCA recommended finding her guilty of dishonesty and suspending her for six months and one day, considering it her first offense.
ISSUE
Whether respondent Ma. Emcisa A. Benedictos is guilty of dishonesty for falsifying her Daily Time Records and for her repeated failure to comply with the directives of the OCA and the Supreme Court.
RULING
The Supreme Court found Ma. Emcisa A. Benedictos GUILTY of dishonesty. The Court agreed with the OCA’s finding that she falsified her DTRs for August and October 2004, as evidenced by Atty. Ortega’s categorical disowning of the signatures and the discernible differences between the forged and genuine signatures. Her persistent failure to file a comment or explain her side despite multiple opportunities was construed as an admission of the charges and demonstrated disrespect and insubordination toward the OCA and the Court.
Regarding the penalty, while dishonesty is a grave offense punishable by dismissal, the Court considered mitigating circumstances. Specifically, this was Benedictos’s first administrative offense in her 19 years of government service. Following precedents where mitigating factors like long service and first offense warranted a lesser penalty, the Court imposed a six-month suspension, effective immediately.
Additionally, for her willful non-compliance with the Supreme Court’s Resolutions dated June 25, 2007 (show cause order) and March 26, 2008 (fine order), the Court ordered her to pay a total fine of ₱3,000.00 (₱1,000.00 original fine plus an additional ₱2,000.00). The Court issued a stern warning that a repetition of similar acts would be dealt with more severely.