AM P 16 3471; (July, 2016) (Digest)
A.M. No. P-16-3471 (Formerly A.M. No. 15-06-197-RTC). July 26, 2016.
Office of the Court Administrator, Complainant, vs. John Revel B. Pedriña, Clerk III, Branch 200, Regional Trial Court, Las Piñas City, Respondent.
FACTS
The Office of the Court Administrator (OCA) reported that respondent John Revel B. Pedriña, Clerk III of Branch 200, RTC, Las Piñas City, incurred habitual tardiness in 2014, specifically: 10 times in January, 11 times in February, 11 times in March, 10 times in May, 14 times in July, 11 times in September, 14 times in November, and 10 times in December. Respondent admitted to the habitual tardiness in his Comment. He attributed it to difficulty waking up early due to severe headaches, vomiting, occasional blurred eyesight, sudden weakness, poor body resistance, and anemia, but failed to provide any evidence of a serious or chronic illness. He also averred that he increased his work output to compensate and committed to reform. This was respondent’s third offense for habitual tardiness, having been previously reprimanded and suspended for one month in 2005 (A.M. 05-7-421-RTC) and suspended for thirty days in 2013 (A.M. No. 12-9-204-RTC [P-13-3120]).
ISSUE
Whether respondent John Revel B. Pedriña is administratively liable for habitual tardiness and, if so, what is the appropriate penalty considering it is his third offense.
RULING
Yes, respondent is guilty of habitual tardiness. The Court ruled that respondent’s justifications, including health conditions, are insufficient to excuse habitual tardiness. Habitual tardiness, defined as incurring tardiness ten times a month for at least two months in a semester or two consecutive months, violates the stringent standards of conduct for judiciary personnel and the principle that public office is a public trust. Under Section 52(c)(4) of CSC Memorandum No. 19, s. 1999, the penalty for a third offense of habitual tardiness is dismissal. Since this was respondent’s third offense despite previous penalties and warnings, the Court imposed the supreme penalty to maintain an efficient and orderly administration of justice. Respondent John Revel B. Pedriña is DISMISSED from the service with forfeiture of retirement benefits (except accrued leave credits) and with prejudice to re-employment in any government branch or corporation.