A.M. NO. 01-12-629-RTC

Ruling

Wherefore, we respectfully recommend for the consideration of the Honorable Court that Melito E. Cuadra, Process Server, Branch 100, Quezon City, Regional Trial Court, be found LIABLE FOR INSUBORDINATION and be penalized with SUSPENSION for fifteen (15) days with the WARNING that a repetition of the same or similar act in the future shall be dealt with more severely. [8] We are in accord with the findings and observations of the OCA, save for the recommended penalty. Insubordination properly refers to willful or intentional disregard of some lawful and reasonable instructions of the employer. [9] Under Section 52 B (5) of the Revised Uniform Rules on Administrative Cases in the Civil Service, [10] insubordination is meted the penalty of suspension ranging from one (1) month and one (1) day to six (6) months for the first offense, and the penalty of dismissal for the second offense. Clearly, there was insubordination when Cuadra refused to report to his station in Quezon City despite the Resolution of this Court requiring him to do so. Therefore, the appropriate penalty is suspension for six (6) months, and not the recommended penalty of fifteen (15) days. Every officer and employee in the judiciary is duty bound to obey the orders and processes of the Supreme Court without the least delay. [11] A resolution of the Supreme Court requiring the performance of a positive action or response should not be construed as a mere request from the Court, nor should it be complied with partially, inadequately, or selectively. In failing to timely report to his station and to submit the required certification as per the Courts Resolution , Cuadra demonstrated indifference, if not disobedience, to and disrespect for this Court to which he owes his fealty. Let it not be forgotten that the interest of public service is more paramount than personal convenience. [12] As an employee of the judiciary, Cuadra is first and foremost a public servant, and as such must first meet the exigencies of his position, before his personal interests. That his appointment brought inconvenience to Cuadra and his family is, and should be, of no moment. Yet the Court accommodated his requests, taking into consideration his personal circumstances and the perceived needs of the Tagaytay City RTC. Unfortunately, Cuadra saw the compassionate stance of the Court as unceasing, such that he was confident that his requests will always be granted, and ignored the orders for him to return to his station. As the Court has stated in Martinez v. Zoleta, [13] benevolence is not limitless and patience, to be sure, is not without boundaries. These virtues must, at a definite point, yield to the higher considerations of justice and public service. [14] WHEREFORE, for insubordination, MELITO E. CUADRA, Process Server, Quezon City Regional Trial Court, Branch 100 is hereby SUSPENDED for six (6) months with a WARNING that a repetition of the same or similar acts in the future shall be dealt with more se