A.M. No. 14-10-322-RTC

Ruling

accordingly, since respondent Tuzon has been dropped from the rolls, the following ACCESSORY PENALTIES may be imposed on him: CANCELLATION OF ELIGIBILITY, FORFEITURE OF RETIREMENT BENEFITS, PERPETUAL DISQUALIFICATION OF HOLDING PUBLIC OFFICE AND BAR FROM TAKING CIVIL SERVICE EXAMINATIONS. We adopt the findings of the OCA. Administrative Circular No. 14-2002 [5] it is provides that: An officer or employee in the civil service shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credits under the law for at least three (3) months in a semester or at least three (3) consecutive months during the year. [6] We have often held that, by reason of the nature and functions of their office, officials and employees of the Judiciary must be role models in the faithful observance of the constitutional canon that public office is a public trust. Inherent in this mandate is the observance of prescribed office hours and the efficient use of every moment thereof for public service, if only to recompense the Government, and ultimately, the people who shoulder the cost of maintaining the Judiciary. Thus, to inspire public respect for the justice system, court officials and employees are at all times behooved to strictly observe official time. As punctuality is a virtue, absenteeism and tardiness are impermissible. [7] Since Tuzon was been absent for 4 days in June, 6 days in August, 10 days in September, 8 days in October, and 4 days in November 2013, there is no dispute that he had been habitually absent. Administrative Circular No. 14-2002 and The Uniform Rules on Administrative Cases in the Civil Service impose the penalty of suspension of 6 months and 1 day to 1 year, for the first offense, and dismissal, for the second offense, in case of frequent unauthorized absences. However, in the determination of the penalty to be imposed, attendant circumstances, such as physical fitness, habituality, and length of service in the government, may be considered. [8] Here, it is noteworthy to stress that the OCA report shows that the Court, in prior resolutions, had penalized Tuzon with a reprimand for his habitual tardiness, [9] and with a six-month suspension for grave misconduct. [10] Hence, we cannot find any circumstance which can mitigate the imposable penalty. WHEREFORE , the Court finds respondent Rabindranath A. Tuzon, OIC/Legal Researcher II, Branch 91, Regional Trial Court, Baler, Aurora, GUILTY of habitual absenteeism. He is hereby ordered DISMISSED from the service, with forfeiture of all retirement benefits, except for any accrued leave credits; cancellation of eligibility, bar from taking civil service examinations, and with prejudice to re-employment in any government branch or instrumentality, including government-owned or-controlled corporations. SO ORDERED.