LEAH DOMINGO-REGALA VS. MA. DOMINGO Y.

SULTAN
A.M. NO. P-05-1940, February 28, 2005, CHICO-NAZARIO, J
Facts:
Complainant charged respondent with Inefficiency, Habitual Absenteeism,
Tardiness, Falsification of Daily Time Record, Dishonesty and Conduct
Prejudicial to the Service.
Respondent has been incurring absences for months but she claimed that
only in the months of October, November and December 1999 that her
absences were unauthorized. She maintains that her absences were due to
urgent family matters. Furthermore, she argues that she has applied for
leave on the above-mentioned dates but complainant Judge Regala
disapproved. In the case of her incompetency, respondent stresses that she
does her tasks to the best of her abilities but admits that she sometimes
commits errors and mistakes in the performance of her duties. She denies all
the other allegations against her.
Following an investigation conducted by Judge Jaime Salazar, respondent is
found liable for incompetence and habitual absenteeism but absolved
respondent as regards the charges of habitual tardiness, falsification of daily
time record and conduct prejudicial to the service due to insufficiency of
evidence. He recommended that the respondent be reprimanded for
incompetence, but refrained from recommending any penalty for habitual
absenteeism in deference to the evaluation of the Office of the Court
Administrator (OCA). The OCA affirmed the findings of the investigation but
recommended that the respondent be suspended from service for 6 months
without pay.
Issue:
Whether or not the recommendations of the oca should be adhered to.
Held:
The Court agrees with the finding of the OCA. As it enunciated in several
cases, no other office in the government service exacts a greater demand for
moral righteousness and uprightness from an employee than the judiciary. As
such, the conduct and behavior of everyone must always be beyond
reproach and must be circumscribed with the heavy burden of responsibility.

As all others in public service, respondent is expected to execute her duties

with efficiency and competence. Nothing less is expected of her.
Since respondent admitted to her shortcomings and has been sincerely
beseeching for forgiveness and understanding and considering that this is
her first offense, the Court resolves to modify the penalty recommended.
WHEREFORE, the court adopts the findings of the Office of the Court
Administrator, but hereby MODIFIES the penalty recommended. As modified,
respondent MA. DONNA Y. SULTAN is hereby SUSPENDED from service for
three (3) months without pay. She is STERNLY WARNED that a repetition of
the same acts will be dealt with more severely.