Office of the Court Administrator v. Capistrano
REITERATIONFacts
The Antecedents: The Office of the Court Administrator (OCA) noted irregular entries in the April and May 2009 bundy cards of Paz P. Capistrano (Capistrano), Court Stenographer III, and two other staff members. The overbars on the arrival times indicated that the bundy cards were punched in the evening, making it appear they arrived in the morning. Procedural History: The OCA required Capistrano and others to submit explanations. Atty. Mendieta, the RTC Clerk of Court, explained his signatures were affixed in good faith. Capistrano, in her comment, expressly admitted falsifying her bundy cards and appealed for judicial clemency. The OCA recommended that Capistrano be held administratively liable for dishonesty and suspended for six (6) months without pay, considering her admission of fault and lack of prior similar offenses. The Petition: The administrative complaint for dishonesty was filed against Capistrano.
Issue(s)
Whether or not Capistrano should be held administratively liable for dishonesty. Whether the penalty of suspension for six (6) months without pay is proper in this case.
Ruling
The Court concurs with the OCA's findings and recommendation. Respondent Paz P. Capistrano is found GUILTY of dishonesty for falsifying her bundy cards for the periods of April and May 2009 and is SUSPENDED for a period of six (6) months without pay. She is STERNLY WARNED that a repetition of the same or similar offense shall be dealt with more severely.
Ratio Decidendi
On the administrative liability for dishonesty: The Court affirmed that erring court employees who falsify their DTRs/Bundy Cards are guilty of dishonesty. OCA Circular No. 7-2003 mandates that court officials and employees must truthfully and accurately indicate their arrival and departure times. Falsification of DTRs is considered an act of dishonesty, which is a grave offense under Rule XIV, Section 21 of the Civil Service Rules, carrying a penalty of dismissal. The evidence showed that Capistrano actually punched her bundy cards in the evening but made it appear that it was her time of arrival in the morning on several dates in April and May 2009. On the imposition of penalty: While falsification of DTRs is a grave offense, Section 53, Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service grants the disciplining authority discretion to consider mitigating circumstances. In this case, Capistrano readily admitted to falsifying her bundy cards, expressed remorse, and promised not to repeat the offense. Furthermore, this infraction was her first administrative offense. Considering these mitigating factors, the Court found it proper to adopt the OCA's recommendation to impose the penalty of suspension for six (6) months without pay, rather than the supreme penalty of dismissal.
Main Doctrine
Falsification of Daily Time Records (DTRs)/Bundy Cards constitutes dishonesty, a grave offense. However, mitigating circumstances such as admission of guilt, remorse, and length of service may warrant the imposition of a lesser penalty than dismissal.