G.R. No. A.M. No. P-90-429 August 24, 1994
National Bureau of Investigation, complainant, vs. Rolando Saa, Clerk of Court, respondent.

FACTS

The National Bureau of Investigation (NBI) filed a complaint against respondent Rolando Saa, Clerk of Court of the Municipal Circuit Trial Court of Capalonga, Camarines Norte, based on a charge of Dereliction of Duty by Mayor Rolando O. Esturas. The mayor alleged that Saa played mahjong almost daily during office hours. The NBI, after obtaining clearance from the Office of the Ombudsman, conducted surveillance on May 29-31, 1989. Agents initially observed Saa playing mahjong on May 30 but could not photograph him due to a blocked view. On May 31, they successfully took clear photographs of Saa playing mahjong during office hours. In the investigation conducted by Executive Judge Luis D. Dictado, Saa admitted to playing mahjong on both afternoons but claimed he did so at the request of Mayor Esturas, who asked Saa to play in his stead because the mayor had visitors to attend to. Saa asserted he was unaware of being trapped for political vendetta. Mayor Esturas did not appear to testify despite a subpoena.

ISSUE

Whether respondent Rolando Saa is guilty of Dereliction of Duty for playing mahjong during office hours.

RULING

Yes, the Court found respondent Rolando Saa guilty of Dereliction of Duty. The Court affirmed the findings and recommendation of the Investigating Judge. It emphasized that the administration of justice requires public officers to uphold the constitutional principle that a public office is a public trust, demanding utmost responsibility, integrity, loyalty, and efficiency. While Saa’s admission and the mitigating circumstance of being allegedly requested by the complainant mayor were considered, his violation of civil service rules was established. The Court imposed a fine equivalent to one month’s salary, with censure and a warning that repetition of the offense would be dealt with more severely.