Thursday, July 12, 2012

Sheriff fined for gross insubordination as an employee of the judiciary

See - http://sc.judiciary.gov.ph/jurisprudence/2012/june2012/P-12-3064.htm


"x x x.


However, with regard to respondent having committed gross insubordination as an employee of the judiciary, we find her guilty.
The OCA correctly pointed out that in her letter-explanation, respondent failed to explain why, despite her receipt of the Notices, she did not comply with the directives of this Court to submit her comment. The records show that the OCA had sent notices to her at RTC–Branch 93 of San Pedro, Laguna, where she is the branch sheriff. While she apologized to this Court for her failure to submit her comment, she did not explain the reasons for her non-submission thereof and only averred that it was the first time she learned of the Complaint against her. The OCA did not find her explanation satisfactory, because she did submit her Comment, but only after a Show-Cause Order had been issued to her– and almost a year after the first directive requiring her to file the Comment.
          Respondent’s “prolonged and repeated refusal to comply”[19] with the directives of  this Court constituted willful disrespect of  its lawful orders, as well as those of the OCA. Respondent committed the infraction twice, yet failed to fully explain the circumstances that led to the repeated omissions. Hence, we have no reason to overturn or mitigate the penalty recommended by the OCA.
          While complainants have dutifully complied with every directive of the Court in this case, respondent, on the other hand, has exhibited a penchant for ignoring its directives.
Gross insubordination is the indifference of a respondent to an administrative complaint and to resolutions requiring a comment thereon.[20] The offense is deemed punishable, because every employee in the judiciary should not only be an example of integrity, uprightness, and honesty; more than anyone else, they are bound to manifest utmost respect and obedience to their superiors’ orders and instructions.[21]
WHEREFORE, we AFFIRM in all respects the report of the OCA finding respondent Fajardo guilty of gross insubordination and ADOPT its recommendations as follows:
          1) To DISMISS the administrative case filed against respondent for lack of merit and for being judicial in nature;
 2) To find respondent Fajardo GUILTY of  gross insubordination for her failure to immediately comply with the Office of the Court Administrator’s directives and to FINE her in the amount of ten thousand pesos (₱10,000), with a warning that a repetition of the same or a similar offense will warrant the imposition of a more severe penalty;
          3) To have the instant case RE-DOCKETED as a regular administrative matter.
SO ORDERED.

 x x x."