376 Phil. 516; 97 OG No. 20, 2900 (May 14, 2001)
QUISUMBING, J.:
"At about 11:10 o'clock in the morning of May 8, 1998, the Presiding Judge of this Court, Hon. Marivic T. Balisi-Umali was in the staff room correcting drafts of and signing orders.
Mrs. Leonila V. Buena, a stenographer of the Branch who is assigned to request for and receive the issued supplies from the City's supply officer sought permission for her to be allowed to see the supply officer because two bottles of cleanser and three bars of laundry soap were not among those delivered but which appeared on the Requisition and Issue Voucher to have been released to and received by Sixto Peñaloza, the utility worker of the Branch.
The Judge wondered how it came to be that the items were not included among those delivered when they were already released and received. The Court Interpreter, Mrs. Bella A. Reyes, said "they were lost in transit, Judge. That is the legal term."
Upon hearing the comment of Mrs. Reyes, Sixto Peñaloza then standing nearly in front of the Judge retorted: "Anong lost in transit?", in a loud and angry voice. When the judge asked: "Bakit, sino bang kumuha at nagdala ng mga supplies dito?" Peñaloza answered: "Ako, bakit?"
The Judge said: "Oh, eh ikaw pala ang nagdala, nasaan ang mga supplies, ba't di mo alam" Peñaloza growled [at] the Judge "Nando'n sa courtroom, tingnan mo."
The Judge answered: "Hindi naman ikaw ang nagdala ng mga supplies ah, dahil si Siony ang nakita kong may bitbit ng mga ito." Peñaloza answered: "Ako ang nagbitbit ng mga iba, hirap na ako kaya tinulungan ako ni Siony, tingnan mo sa courtroom at nandoon ang mga supplies, doon ko dinala."
Sensing that the conversation was going nowhere because Peñaloza was already raising his voice, the Judge said: "Siya tumigil ka na, tama na." Peñaloza answered her, "Tama na, ay di tama na, sinabi mong tama na, eh di tama ka na rin, lagi na lamang ako ang nakikita mo, kahit maliit na bagay, hirap na nga ako eh."
The Judge said: "Oh, ay hirap ka na pala, ba't di ka pa mag-retire." Peñaloza answered: "Ba't ako magre-retire? Bakit mo ako pinagre-retire?"
The Judge who was already irked by Peñaloza's loud voice and rudeness, said: "At bakit, sino ka ba dito, bakit mo ako pinagtataasan ng boses, tinatanong ko lang naman kung sino ang nagdala ng mga supplies ah?"
Peñaloza replied: "At bakit, sino ka rin dito? So the Judge said: "Lumabas ka nga dito, porque ba't ang mga babae dito ay nasisigawan mo at takot sa iyo, pati ba ako ay pagtataasan mo rin ng boses? AKO ay Judge dito."
Peñaloza menacingly approached the Judge saying in a loud voice, "Lumabas ay di lalabas, sinabi mong lumabas eh."
Raising her voice, the Judge said: "Punyeta ka, lumabas ka na." Peñaloza answered: "Punyeta, huwag mo akong pinupunyeta." He went out of the room. Not long after, he returned and contemptuously said to the Judge: "Oh, ano?" and the Judge replied: "Ano ka rin."
At this juncture, Mario S. Devanadera, Process Server pulled away Peñaloza who at first refused to go away."
"Improper behavior, particularly during office hours, exhibits not only a paucity of professionalism at the workplace but also a great disrespect to the court itself. Such a demeanor is a failure of circumspection demanded of every public official and employee."
"Not only is a court employee expected to be well-mannered, civil and considerate in his actuations, official or otherwise, but, more than anybody else, he is bound to manifest to his superiors, more particularly, to the presiding Judge, utmost respect and obedience to the latter's orders and instructions issued pursuant to the duties of the office the Judge holds."[6]