AM P 13 3170; (September, 2017) (Digest)
A.M. No. P-13-3170. September 18, 2017. MA. ASUNCION SJ. SAMONTE, COMPLAINANT, V. REY P. RODEN, LEGAL RESEARCHER, BRANCH 36, METROPOLITAN TRIAL COURT, QUEZON CITY, RESPONDENT.
FACTS
Complainant Ma. Asuncion SJ. Samonte, a Legal Researcher at MeTC Branch 38 in Quezon City, filed an affidavit-complaint against respondent Rey P. Roden, a Legal Researcher at MeTC Branch 36, for dishonesty. Samonte alleged that on July 24, 2012, she witnessed Roden punch his own Daily Time Record (DTR) card into the bundy clock at Branch 38. Minutes later, she observed him punch in another DTR card. Upon confrontation and inspection, Samonte discovered the second card belonged to Theresa T. Banaban, a clerk from Roden’s branch. When questioned, Roden stated Banaban was on her way to work and requested Samonte not to report the incident to their Executive Judge.
The matter was reported to Executive Judge Nadine Jessica Corazon J. Fama, who directed both Roden and Banaban to explain. In his compliance, Roden admitted to the act, claiming he acted out of compassion upon overhearing that Banaban would be late due to attending to her sick daughter. He stated he acted on his own volition without any request from Banaban. Banaban, in her explanation, denied authorizing or requesting Roden to punch her card, noting they were not even on speaking terms, and pleaded for leniency as she did not consent to the act.
ISSUE
Whether respondent Rey P. Roden is administratively liable for dishonesty for punching in the Daily Time Record card of a co-employee.
RULING
Yes, the Supreme Court found respondent Rey P. Roden guilty of dishonesty. The legal logic is anchored on the fundamental principle that public office is a public trust, requiring all judiciary personnel to uphold the highest standards of honesty and integrity. Roden’s act violated OCA Circular No. 7-2003, which mandates that every court official and employee must truthfully and accurately indicate their own time of arrival and departure on their DTR. The Court has consistently ruled that punching one’s DTR is a personal, non-delegable act.
By punching Banaban’s card, Roden engaged in falsification; he made it appear that Banaban personally logged in at a specific time, which was dishonest and prejudicial to the service. This act constitutes dishonesty, which reflects on his fitness for office and undermines discipline within the judiciary. While the Office of the Court Administrator recommended a six-month suspension, the Supreme Court, exercising its disciplinary power, considered mitigating circumstances. These included Roden’s 16 years of otherwise unblemished service, his acknowledgment of the infraction and expression of remorse, and the fact that this was his first offense. Following analogous precedents where similar mitigating factors warranted leniency, the Court deemed a one-month suspension from service as the appropriate penalty. Roden was sternly warned that a repetition of the same or a similar act would be dealt with more severely.
