G.R. No.: A.M. No. P-11-2953 (Date: Not explicitly stated in provided text; decision year inferred as 2011 from docket number and report date)
Case Title: Leave Division, Office of Administrative Services, Office of the Court Administrator, Complainant, vs. Romeo L. De Lemos, Clerk of Court VI, Dominador C. Masangkay, Sheriff IV, Adelaida D. Tolentino, Cash Clerk II, Ma. Fatima M. Yumena, DEMO II, Ma. Fe E. Yumol, Court Aide II, and Ronald M. Taguinod, Process Server, all of the Office of the Clerk of Court, Regional Trial Court, Balanga City, Bataan, Respondents.

FACTS

The Leave Division of the Office of the Court Administrator discovered irregularities in the November 2009 bundy card entries of six personnel from the Office of the Clerk of Court, RTC, Balanga City, Bataan. The entries made it appear they arrived on time in the morning when they were actually punched in the evening of the same dates. Executive Judge Remigio M. Escalada, Jr. investigated. The respondents admitted to altering their bundy cards for certain dates in November 2009. They explained that due to a temporary relocation of their office approximately 150 meters away from the Hall of Justice where the bundy clock was installed, they sometimes forgot to bring their cards or found it difficult to punch in due to heavy rains. They denied being absent, presenting affidavits from three witnesses (a District Attorney, a Parole and Probation Officer, and an Administrative Aide) attesting to their presence at work during the entire office hours on the questioned dates, though not to their specific arrival times. The respondents also confessed to having committed similar irregularities on a few prior occasions, expressed remorse, and promised not to repeat the act. The court’s attendance logbook for November 2009 was reported lost during an office transfer.

ISSUE

Whether the respondents are administratively liable for dishonesty due to falsification or irregularities in their bundy card entries.

RULING

Yes, all six respondents are administratively liable for Dishonesty. The Court found that their admission of punching bundy cards after office hours to reflect a morning time-in constitutes falsification, in violation of OCA Circular No. 7-2003 and Section 4, Rule XVII of the Omnibus Civil Service Rules, which require truthful and accurate time records and prohibit falsification. The act of making it appear that log-in occurred in the morning when it was done in the evening is deceitful. The affidavits of witnesses were deemed insufficient as they did not attest to the specific times of arrival. While dishonesty is a grave offense punishable by dismissal, the Court considered mitigating circumstances such as the respondents’ length of service, acknowledgment of their infractions, expression of remorse, and their claim that the act was done without malicious intent. Applying precedents where similar mitigating factors warranted leniency, the Court imposed fines instead of dismissal. Respondents Dominador C. Masangkay, Adelaida D. Tolentino, Ma. Fatima M. Yumena, Ma. Fe E. Yumol, and Ronald M. Taguinod were each fined ₱5,000.00. Respondent Atty. Romeo L. de Lemos, as Clerk of Court, was fined ₱10,000.00. All were given a stern warning that repetition of the act would be dealt with more severely.