OFFICE OF THE COURT ADMINISTRATOR vs. ISABEL A. SIWA, Stenographer,
Metropolitan Trial Court, Branch 16, Manila, A.M. No. P-13-3156 (Formerly A.M.
OCA IPI No. 08-3012-P), EN BANC,
November 11, 2014.
“x x x.
The Court adopts in toto the findings and recommendations of the
OCA. Respondent Siwa had indeed failed to submit the subject TSNs assigned to
her. Despite the adequate opportunity given to her, she still failed to air her
side and refute the findings of the Investigating Judge.
Her failure to account for the TSNs amounts to Gross Neglect of
Duty. In Absin v. Montalla,7 this
Court held:
The Court has ruled, in a number of cases,
that the failure to submit the TSNs within the period prescribed under
Administrative Circular No. 24-90 constitutes gross neglect of duty. Gross
neglect of duty is classified as a grave offense and punishable by dismissal
even if for the first offense pursuant to Section 52(A)(2) of Rule IV of the
Uniform Rules on Administrative Cases in the Civil Service.
x x x x
As a stenographer, Montalla should realize
that the performance of his duty is essential to the prompt and proper
administration of justice, and his inaction hampers the administration of
justice and erodes public faith in the judiciary. The Court has expressed its
dismay over the negligence and indifference of persons involved inthe
administration of justice. No less than the Constitution mandates that public
officers must serve the people with utmost respect and responsibility. Public
office is a public trust, and Montalla has without a doubt violated this trust
by his failure to execute his duty as a court stenographer.
WHEREFORE, we find respondent Edgardo A.
Montalla, Stenographer, Regional Trial Court, Branch 29, San Miguel, Zamboanga
del Sur, GUILTY of Gross Neglect of Duty. We DISMISS him from the service and
FORFEIThis retirement benefits, except accrued leave credits. He is further
disqualified from reemployment in the Judiciary. This judgment is immediately
executory.
Absin is on all fours applicable. Here, it had
been sufficiently established that despite the clear provision of
Administrative Circular No. 24-90, respondent failed to submit and account for
the TSNs assigned to her.
Respondent's infractions warrant the imposition of the penalty of
dismissal from service, if not for the fact that she is already out of the
service as a result of retirement. The Civil Service Commission's Memorandum
Circular No. 30, Series of 1989,8 however,
provides that "the penalty of dismissal shall carry with it that of
cancellation of eligibility, forfeiture of leave credits and retirement
benefits, and the disqualifications for re-employment in the government
service." Hence, in line with present jurisprudence, in lieu of dismissal
from service, we deem it proper to impose the penalty of forfeiture of her
retirement benefits, except accrued leave credits.9
IN VIEW OF THE FOREGOING, the Court finds respondent Isabel A.
Siwa, former Court Stenographer, Branch 16, Metropolitan Trial Court, City of
Manila, GUILTY of Gross Neglect of Duty. In lieu of dismissal from service,
which may no longer be imposed owing to her retirement, as a penalty for her
offense, all her retirement benefits, except accrued leave credits, are hereby
FORFEITED. She is further disqualified from any reemployment in any branch or
instrumentality of the govermnent, including government-owned or controlled
corporations and financial institutions. This judgment is immediately:
executory.
X x x.”
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