510 Phil. 262
CALLEJO, SR., J.:
It is Standard Operating Procedure in our office that at the end of each month, staffs will submit to the undersigned their respective DTRs. Undersigned would check if what was stated in the DTR tallied with the Log Book where the staffs log their arrivals and departures. If it does, then the undersigned affixes her signature to each DTR. The same was done in this particular month of October 2003, and after which the undersigned instructed her Utility Worker, Mr. Eduardo Flores, to submit the same to the Leave Section. When undersigned affixed her signature in the DTR of Ms. Brooks and Ms. Crisostomo, there were no erasures or tampering so to speak except that of Ms. Brooks where I put my initial below the first line of arrival since it did not tally with the Log Book and so with the succeeding entries (please refer to the Log Book for the month of October 2003 hereto attached, where the erasures or alleged tampering on Ms. Brooks� DTR tallied with the entries therein, meaning there was no tampering or change of entries in the Log Book and the DTR). The DTRs were clean and I was surprised to see the attached xerox copies of the DTR of Ms. Crisostomo where there are legible erasures and tampering done. I presumed that the erasures/tampering were done after I had signed said DTRs.The respective explanations of Andria Forteza-Crisostomo and Maria Fe Brooks were, likewise, attached to the said Comment.
EVALUATION: Andria Forteza-Crisostomo admitted having falsified her Daily Time Record for the month of October 2003. Under the Civil Service Rules, falsification of an official document such as the Daily Time Record is considered a grave offense and penalized with dismissal from the service for the first offense. Moreover, under item II of Administrative Circular No. 2-99 issued on 15 January 1999, Re: Strict Observance of Working Hours and Disciplinary Action for Absenteeism and TardinessThe findings of the OCA are well-taken.Absenteeism and tardiness, even if such do not qualify as �habitual� or �frequent� under Civil Service Commission Memorandum Circular No. 04, Series of 1991, shall be dealt with severely, and any falsification of daily time records to cover up for such absenteeism and/or tardiness shall constitute gross dishonesty or serious misconduct.As the Court explained in Mirano vs. Saavedra, A.M. No. P-89-383, August 4, 1993:Public service requires utmost integrity and strictest discipline. A public servant must exhibit at all times the highest sense of honesty and integrity. The administration of justice is a sacred task. By the very nature of their duties and responsibilities, all those involved in it must faithfully adhere to hold inviolate, and invigorate the principle [of solemnity] enshrined in the 1987 Constitution that a public office is a public trust; and all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency. The conduct and behavior of everyone connected with an office charged with the dispensation of justice, from the presiding judge to the lowliest clerk, should be circumscribed with the heavy burden of responsibility. Their conduct, at all times, must not only be characterized by propriety and decorum, but above all else, must be above suspicion. Indeed, every employee of the judiciary should be an example of integrity, uprightness and honesty.In several instances, the Court refrained from imposing the extreme penalty of dismissal where the erring employees have not been previously charged administratively. Prior to this, Andria Forteza-Crisostomo has not been charged with an administrative offense. It was also noted that she readily acknowledged her offense, offered her most sincere apologies and promises to reform her ways. These factors may be considered to mitigate the penalty that may be imposed on her.
Anent the matter concerning Maria Fe Brooks, Atty. Ricon stated in her comment that �there was no tampering or change of entries in the Log Book and the DTR.� Thus, the case against Maria Fe Brooks should be dismissed.
In Reyes-Domingo vs. Morales, we merely imposed a penalty of fine to a Branch Clerk of Court who was found guilty of dishonesty in not reflecting the correct time in his Daily Time Record. We perceive no cogent reason why we cannot take the same benevolent stance in this case.
RECOMMENDATION: Respectfully submitted for the consideration of the Honorable Court that:
1) The case against Maria Fe Brooks be DISMISSED:
2) This be RE-DOCKETED as a regular administrative matter against Andria Forteza-Crisostomo, Clerk III, RTC, Branch 39, Manila; and as a regular administrative matter;
3) Andria Forteza-Crisostomo be SUSPENDED for three (3) months without pay with a STERN WARNING that a repetition of the same or similar offense will warrant a more severe penalty.