Yadao v. Cabanatan
REITERATIONFacts
The Antecedents: Two consolidated administrative cases arose from complaints filed against respondent Marilou A. Cabanatan, Stenographer III, Regional Trial Court of Maddela, Quirino, Branch 38. Judge Ma. Theresa L. Dela Torre-Yadao notified the Office of the Court Administrator (OCA) of respondent’s habitual absenteeism, tardiness, falsification of daily time record, serious misconduct, disobedience, gross neglect of duty, and gross immorality. In a separate complaint, Remegia R. Pagaduan charged respondent with unlawfully cohabiting with complainant’s husband, Rodney Pagaduan. Procedural History: The cases were referred to Judge Moises M. Pardo for investigation. The Investigating Judge found both complaints meritorious. The OCA, noting that respondent had been dropped from the rolls for absence without leave, also found respondent guilty on both charges and recommended sanctions. The Petition: The Supreme Court reviewed the findings and recommendations of the Investigating Judge and the OCA.
Issue(s)
Whether respondent Marilou A. Cabanatan is guilty of habitual absenteeism and tardiness. Whether respondent Marilou A. Cabanatan is guilty of falsification of her daily time record. Whether respondent Marilou A. Cabanatan is guilty of serious misconduct, gross neglect of duty, and immorality.
Ruling
The Supreme Court found respondent Marilou A. Cabanatan guilty of habitual absenteeism, falsification of her daily time record, and grave misconduct, gross neglect of duty, and immorality. She was dismissed from the service, with forfeiture of all benefits except accrued leaves, if any, and with prejudice to re-employment in any branch of service of the government, including government-owned and/or controlled corporations.
Ratio Decidendi
On the issue of habitual absenteeism and tardiness: The Court found that the Daily Time Records, Monthly Report of Absences and Tardiness, and Monthly Report of Employees’ Attendance clearly established that respondent was absent for more than 40 days and late numerous times. Respondent’s explanations for her frequent tardiness and absences without securing prior leave were unsatisfactory. The Court cited Section 23(q), Rule XIV of the Omnibus Rules Implementing Book V of E.O. No. 292, defining habitual absenteeism, and concluded that respondent violated this provision, resulting in unsatisfactory performance. Under Civil Service Resolution No. 991936, frequent unauthorized absences or tardiness is classified as a grave offense, warranting dismissal for a second offense, which respondent was deemed to have committed. On the issue of falsification of her daily time record: While respondent denied falsifying her entries, the evidence presented, including her admitted absences and tardiness, supported the finding of falsification. Her failure to controvert the evidence against her during the investigation further weakened her defense. The Court considered the totality of her actions, including her admitted absences and tardiness, as indicative of falsification to conceal her infractions. On the issue of serious misconduct, gross neglect of duty, and immorality: The Court found sufficient and substantial evidence that respondent, a married woman, cohabited with another man, Rodney Pagaduan. This was supported by documentary evidence such as the marriage certificate of respondent and Maximo Cabanatan, and birth records showing Rodney Pagaduan as the father of her youngest child. Witnesses corroborated the cohabitation. The Court reiterated that an illicit relation constitutes disgraceful and immoral conduct, a grave offense under the Uniform Rules on Administrative Cases in the Civil Service Commission. Respondent’s unexplained tardiness and habitual absences, coupled with immorality, constituted gross misconduct and conduct prejudicial to the best interest of the public service, justifying dismissal.
Main Doctrine
Habitual absenteeism, falsification of daily time record, and immorality constitute gross misconduct and conduct prejudicial to the best interest of the public service, warranting dismissal from the service.