660 Phil. 608
BERSAMIN, J.:
No. of times Reported Tardy for the 2nd Semester of 2009 | ||||||
Names | Jul | Aug | Sept | Oct | Nov | Dec |
| 10 | 10 | ||||
| 14 | 15 | ||||
| 12 | 10 | 12 | |||
| 10 | 10 | ||||
| 10 | 11 | ||||
| 12 | 10 | ||||
| 11 | 11 | ||||
| 11 | 10 |
An employee shall be considered habitually tardy if he incurs tardiness, regardless of the number of minutes, ten (10) times a month for at least two (2) months in a semester or at least two (2) consecutive months during the year. xxx
A. Employees previously penalized for habitual tardiness:
- Mr. ALBERT C. SEMILLA - He was tardy for twelve (12) times in the month of September and ten (10) times in the month of November. In his explanation dated July 9, 2010, Mr. Semilla readily admitted having incurred those tardiness and humbly submitted to any disciplinary action for the offense. He stated that due to financial difficulties, he reports to work and likewise returns home through his bicycle. He supports his family as a solo parent and even enrolled in a short course for Medical Transcriptionists in an attempt to improve their plight. He added that in the summer of 2009, his blood pressure started to rise abnormally. It was the cause why he was rushed to the hospital twice. Since May 2009, he was under the care of the SC Clinic for Benign Prostatic Hyperthropy, which ailment caused him many sleepless nights.
As shown by the records, this is Mr. Semilla's fourth incursion of habitual tardiness. He was REPRIMANDED for his first incursion of the offense pursuant to the Court En Banc resolution dated August 8, 2000 in A.M. No. 00-6-09-SC, Re: Imposition of Corresponding Penalties to Employees Committing Habitual Tardiness; SUSPENDED for five (5) days for committing habitual tardiness for the second time pursuant to A.M. No. 00-6-09-SC dated November 27, 2002, Re: Imposition of Corresponding Penalties for Habitual Tardiness committed during the Second Semester of 2000; and SUSPENDED for ten (10) days for committing the same offense for the third time pursuant to A.M. No. 00-06-09-SC dated March 16, 2004, Re: Imposition of Corresponding Penalties for Habitual Tardiness committed during the 1st and 2nd Semester of 2003.
His service records show that Mr. Semilla entered the government service in the Supreme Court as Messenger on November 7, 1979. He was promoted as Clerk on July 1, 1983, Clerk III on July 1, 1989, and Computer Operator III on October 17, 2006, the position he is holding at present. His performance ratings for the 1st and 2nd semesters of the year 2009 show that he performed his work very satisfactorily. Since 2003, this is the only time again that he has incurred tardiness.- Mr. FLORENTINO A. PASCUAL - He was tardy for ten (10) times in the month of September and eleven (11) times in the month of October. In his letter dated July 7, 2010, he explained that his tardiness was caused by his unstable blood pressure and the traffic situation. He manifested that to the best of his ability, he will try to be punctual despite his present health condition caused by a mild stroke.
As shown by the records, this is Mr. Pascual's second incursion of habitual tardiness. He was REPRIMANDED for his first incursion of the offense pursuant to the Court En Banc Resolution dated March 16, 2004 in A.M. No. 00-06-09-SC, Re: Habitual Tardiness for the 1st and 2nd Semester of 2003.
B. Employees incurring habitual tardiness for the first time:
- Mr. MARC REMAN A. BESSAT - He was tardy for ten (10) times each for the months of July and October. In his explanation dated July 9, 2010, he stated that during the said period, he experienced abdominal cramping, bloating, gassiness and painful bowel habits, especially on mornings. He claimed that he consulted a Gastroenterologist on March 2010 and was diagnosed with Internal Hemorrhoids. He promised to do everything to improve his time of arrival.
- Mr. MELQUIADES A. BRIONES - He was tardy for fourteen (14) times in the month of July and fifteen (15) times in the month of August. In his letter dated July 6, 2010, Mr. Briones explained that during those times, he was the only one who could manage to accompany his son in going to school and was always caught in traffic. His wife could not replace him in accompanying their son to school because she has fatal diabetes and could hardly move and travel far. He added that during the said period, he was also having his medication concerning his allergies in both hands and feet.
- Mr. BENJIE B. CAJANDIG - He was tardy for twelve (12) times each in the months of July and October, and ten (10) times in the month of October. In his letter dated July 7, 2010, Mr. Cajandig explained that his tardiness was mostly due to the distance of his residence from the office and due to heavy traffic which he encounters when traveling from Marcos Highway to the LRT 2 Santolan Station. He averred that this was aggravated during the rainy season since most of his tardiness were incurred during those months. He manifested that he will do his best to address his tardiness.
- Ms. SHERRYLYN A. NATE-CRUZ - She was tardy for ten (10) times each in the months of July and October. In her letter dated July 6, 2010, Ms. Cruz explained that due to the alarming increase in her blood sugar during those days, she was required to have a regular medical checkup that resulted to her tardiness in reporting for work. She added that at present, she is six (6) months pregnant on her second child and has pre-gestational diabetes. But she said she will try her best not to be late for work.
- Ms. JOLINA PAULINE T. TUAZON - She was tardy for eleven (11) times each in the months of September and October. In her letter dated July 8, 2010, she explained that during the said period, she was preparing for an entrance examination scheduled for November aside from the reviews she had in the evening. Thus during the months of September and October, she had been going home late which at times caused her to be late for work the next day. She expressed regret in committing the offense and promised to avoid the same violation.
- Ms. MARY JINGLE M. VILLOCERO - She was tardy for eleven (11) times in the month of July and ten (10) times in the month of October. In her explanation dated July 8, 2010, Ms. Villocero stated that her tardiness was caused by the fact that she has three (3) children and without any maid to assist her in taking care of them. Her husband is under medication with anti-depressant, thus, she sometimes cannot compel him to take care of everything and attend to all her children's needs. She averred that she is also a working student with classes during Saturdays and Sundays, and has been working hard for the advancement of her career. She added that she has been trying her best to meet her duties and obligations, both as a responsible employee of the judiciary and as a mother, but in the process, she still incurred tardiness. She vowed not to violate again the rules on tardiness.
- Mr. Albert Semilla, for having been found habitually tardy for the fourth time, be meted the penalty of SUSPENSION for three (3) months without pay with a FINAL WARNING that a repetition of the same offense will be dealt with more severely;
- Mr. Florentino A. Pascual, for having been found habitually tardy for the second time, be meted the penalty of SUSPENSION for five (5) days with a WARNING that a repetition of the same shall be dealt with more severely;
- Messrs. Marc Remman A. Bessat, Melquiades A. Briones, Benjie B. Cajandig, Mmes. Sherrylyn A. Nate-Cruz, Jolina Pauline T. Tuazon, and Mary Jingle M. Villocero, for having been found habitually tardy for the first time, be meted the penalty of REPRIMAND with the same warning that a repetition of the same shall be dealt with more severely.
(a) His length of service and satisfactory performance (i.e., having started as messenger of the Court on November 7, 1979 and having served continuously until the present, with his performance in the first and second semesters of 2009, the year in question, being satisfactory);
(b) The fact that this infraction of habitual tardiness was his first since 2003; and
(c) His pleas for compassion (due to his medical condition of benign prostatic hyperthropy, for which he was under the care of the SC Clinic since May 2009, and due to his reporting to work and returning home through his bicycle to add to his financial capacity as a solo parent of his family).
- Albert Semilla guilty of habitual tardiness for the fourth time and suspended for one (1) month without pay, with a final warning that a repetition of the same offense will be dealt with more severely;
- Florentino A. Pascual guilty of habitual tardiness for the second time and suspended for five (5) days without pay, with a warning that a repetition of the same offense will be dealt with more severely; and
- Marc Remman A. Bessat, Melquiades A. Briones, Benjie B. Cajandig, Sherrylyn A. Nate-Cruz, Jolina Pauline T. Tuazon, and Mary Jingle M. Villocero guilty of habitual tardiness for the first time and reprimanded, with warning that a repetition of the same offense will be dealt with more severely.