AM P 94 1033; (August, 1994) (Digest)
G.R. No.: A.M. No. P-94-1033, August 12, 1994
Case Parties: JUDGE FELIPE T. TORRES, MTCC, Dumaguete City and ATTY. EUGENE SALON, Branch Clerk of Court, same court, complainants, vs. ROWENA B. TAYROS, Clerk III, MTCC, Dumaguete City, respondent.
FACTS
On September 17 and 20, 1993, complainants Judge Felipe Torres and Atty. Eugene Salon filed administrative complaints against respondent Rowena B. Tayros, a Clerk III, for habitual absenteeism, tardiness, and inefficiency. The specific charges included: (1) failure to maintain an updated criminal docket book; (2) failure to conduct an actual physical inventory of criminal cases despite directives; (3) failure to attach return cards and file pleadings on time, causing court delays; and (4) being absent without leave (AWOL) since August 23, 1993, and being habitually tardy when present. The case was referred to Executive Judge Pacifico S. Bulado for investigation. During the investigation, complainant Atty. Salon presented documentary evidence, while respondent Tayros disregarded notices and directives to submit her defense or counter-affidavit. Judge Bulado found her guilty and recommended a one-year suspension without pay. The Office of Administrative Services confirmed that respondent had been AWOL since August 1993, her salaries were withheld, and a warning letter sent to her in January 1994 was unheeded, as she had not reported back to work.
ISSUE
Whether respondent Rowena B. Tayros is administratively liable for the charges of grave misconduct, gross inefficiency, neglect of duty, and conduct prejudicial to the best interest of the service.
RULING
Yes, respondent is administratively liable. The Court, en banc, adopted the findings and held that the uncontroverted evidence established respondent’s grave misconduct, including absence without official leave (AWOL) and gross neglect of duty, which are prejudicial to the best interest of the public service. Consequently, the Court ordered her DISMISSAL from the service with forfeiture of all benefits and with prejudice to re-employment in any government branch or agency, including government-owned or controlled corporations. The decision was declared immediately executory.