In Paul G. Duque v. Romeo B. Aspiras, et al., the Supreme Court addressed the administrative complaint against several employees of the Municipal Trial Court in Cities (MTCC), Branch 2, Santiago City, for falsification of public documents, gross dishonesty, and grave misconduct. The Court found certain employees remiss in their duty to accurately maintain official timekeeping records. This decision underscores the importance of honesty and diligence in fulfilling administrative responsibilities within the judiciary, ensuring public trust and operational integrity.

When a Logbook Speaks: Integrity and Accountability in Court Timekeeping

Paul G. Duque, a former court stenographer, initiated the complaint, alleging discrepancies and falsifications in the office logbook and Daily Time Records (DTRs) of the respondents. He claimed that certain employees were deliberately manipulating their attendance records, showing defiance against the Executive Judge’s orders to strictly observe working hours. The respondents, including the Branch Clerk of Court, legal researcher, interpreter, and stenographers, were accused of various acts of misconduct, including tampering with the logbook, making false entries in their DTRs, and even hiding the logbook to conceal their tardiness and absences.

The Office of the Court Administrator (OCA) investigated the allegations and recommended that the case be referred to the Executive Judge of Santiago City for further investigation and report. Executive Judge Fe Albano Madrid conducted the investigation and found discrepancies between the entries in the DTRs and the logbook, particularly for the month of September 2002. Despite these discrepancies, the Executive Judge noted that the Clerk of Court had attested to the correctness of the DTRs, leading to a presumption of truth and regularity. She recommended that the respondents be merely admonished for their lapses.

The Supreme Court, however, took a more critical view of the matter. The Court emphasized the importance of maintaining accurate and reliable timekeeping records in government offices. The Court acknowledged the practical reality that in the absence of bundy clocks, employees typically rely on the logbook to record their daily attendance, and the DTRs are then filled out based on the logbook entries. The Implementing Rules of Executive Order No. 292 (Omnibus Rules) explicitly require each head of department or agency to maintain a daily record of attendance for all officers and employees, with falsification or irregularities in these records leading to administrative liability.

Judicial notice should be taken of the fact that in government offices where there are no bundy clocks, it is a matter of practice for employees upon arrival at work and before proceeding to their respective workstations to first sign their names on the attendance logbook, which is usually placed at an area in their office which is easily accessible to all the employees when they enter that office. It is only at the end of each month that employees fill out their DTRs reflecting therein the entries earlier made in the logbook. In other words, the entries in the DTR are based on the entries made daily in the logbook.

Building on this principle, the Supreme Court found that the respondents’ failure to faithfully accomplish the logbook undermined the integrity of the DTRs. The Court noted that if the logbook was not accurately filled out, the basis for the DTR entries becomes questionable. It is the duty of the clerk of court to compare the logbook with the DTR submitted by court employees and to check whether there is any variance in the entries therein before certifying to the truthfulness of the DTR. The clerk of court, who exercises a more direct supervision over the employees, should have been more watchful over their conduct and the manner with which they complied with the directive to keep a logbook of daily attendance.

The Court highlighted that the clerk of court was remiss in his duties. The optional retirement of respondent clerk of court Aspiras, which took effect on June 1, 2003 or before the complaint was received by the Court on July 18, 2003, placed him outside the administrative supervision of this Court. Consequently, the complaint against him had been dismissed for being moot and academic.

The Court also addressed specific instances of misconduct, such as respondent Bretania’s admission that someone else wrote her name in the logbook and respondent Andres’s admission that she asked respondent Gatcheco to sign her name because she was running an errand. The Court found such conduct undesirable, even if the judge and clerk of court did not strictly enforce the logbook requirements. The Court underscored that such laxity should not be construed as a license to circumvent the rules or engage in dishonest practices. The Court ruled that the conduct displayed by these respondents is undesirable. Even though the keeping of a logbook was not strictly required by the judge and clerk of court concerned, respondents Bretania and Andres ought not to have construed this as a license to have someone else write their names on the logbook for them, or for respondent Gatcheco to accede to respondent Andres’s request.

Given the circumstances, the Court deemed a reprimand sufficient, considering the investigating judge’s observation that the court employees were generally loyal and dedicated to their work. This is also in keeping with the Implementing Rules which imposes the penalty of reprimand for the violation of reasonable office rules and regulations. The other charges, such as hiding the logbooks and writing street jargon, were dismissed for lack of evidence.

FAQs

What was the central issue in this case?	The central issue was whether several court employees committed administrative offenses by falsifying or manipulating their timekeeping records. Specifically, the complaint alleged discrepancies in the office logbook and Daily Time Records (DTRs).
Who filed the administrative complaint?	Paul G. Duque, a former court stenographer, filed the administrative complaint against the court employees. He alleged falsification of public documents, gross dishonesty, and grave misconduct.
What did the Executive Judge find in the investigation?	The Executive Judge found discrepancies between the logbook and DTRs. However, because the Clerk of Court had certified the DTRs as accurate, the judge recommended a mere admonishment of the employees.
What was the Supreme Court’s stance on the matter?	The Supreme Court disagreed with the recommendation for leniency. The Court emphasized the importance of accurate timekeeping and found that the employees’ actions undermined the integrity of the DTRs.
What specific actions did the Court find problematic?	The Court specifically cited instances where employees had someone else sign their logbook or made false entries. The Court emphasized that such actions were unacceptable, regardless of lax enforcement of timekeeping rules.
What was the penalty imposed by the Supreme Court?	The Supreme Court reprimanded Carina C. Bretania, Ma. Anita Gatcheco, and Andrealyn M. Andres with a warning. The Court also dismissed the other charges for lack of evidence.
What was the fate of the case against Clerk of Court Romeo B. Aspiras?	The complaint against Clerk of Court Romeo B. Aspiras was dismissed because he had already retired before the Court received the complaint, placing him outside the Court’s administrative supervision.
What is the significance of maintaining a logbook in government offices?	The logbook serves as the primary record of an employee’s daily attendance. The entries in the DTRs are based on the entries made in the logbook, making the logbook a crucial tool for ensuring accurate timekeeping.

This case serves as a reminder to all court employees of their duty to maintain accurate and reliable timekeeping records. Honesty, diligence, and adherence to established rules are essential to upholding the integrity of the judiciary. The decision also emphasizes the importance of proper supervision and enforcement of timekeeping policies to prevent any irregularities or abuses.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Paul G. Duque v. Romeo B. Aspiras, et al., A.M. No. P-05-2036, July 15, 2005