Monday, July 9, 2012

Drunk and discourteous clerk of court quarrels with his judge.

See -  http://sc.judiciary.gov.ph/jurisprudence/2012/june2012/P-12-3035.htm

"x x x.


Section 2, Canon IV of the Code of Conduct for Court Personnel, requires that “[c]ourt personnel shall carry out their responsibilities as public servants in as courteous a manner as possible.”
The image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of the men and women who work there. Court personnel must at all times act with strict propriety and proper decorum so as to earn and rebuild the public’s trust in the judiciary as an institution. We agree with the OCA that this Court “would never countenance any conduct, act or omission on the part of all those involved in the administration of justice, which would violate the norm of public accountability and diminish or even just tend to diminish the faith of the people in the judiciary.”[1]
In this case, the disrespectful behavior of respondent is highlighted, as it was directed toward complainant judge and witnessed by litigants and other court personnel in the vicinity. Respondent ranted and berated her during office hours, right after the court session had ended. His behavior exhibited not only a lack of professionalism, but also profound disrespect towards the court itself.
Under Rule XIV, Section 23 of the Omnibus Rules Implementing Book V of Executive Order No. 292, discourtesy in the course of official duties is classified as a light offense. A first-time violation of this rule warrants the penalty of reprimand. We concur with the OCA, considering a) respondent’s apology and admission of his mistakes; b) his retirement from service on 1 July 2011 after long years of employment in the Judiciary; and c) this case being the first complaint against him. Respondent should be held liable for discourtesy and be meted out the penalty of reprimand.
          The other lapses of respondent in the performance of his duties as Clerk of Court cannot go unnoticed. Instead of strictly observing the required number of working hours in the civil service, he left his post in the middle of the day to attend a social event. Worse, he chose to return to the office and enter the judge’s chambers while under the influence of alcohol. This behavior constitutes a direct violation of the Code of Conduct for Court Personnel, particularly Section 1, Canon IV on the Performance of Duties, which states: “Court personnel shall at all times perform official duties properly and with diligence.  They shall commit themselves exclusively to the business and responsibilities of their office during working hours.”
Respondent’s countercharges are better deliberated upon in a separate case.  Specifically, these are: 1) that the Clerk of Court of Aringay, Alberto N. Rivera, admitted that he always accompanied complainant even to other MTCs where she was designated and, in doing so, he did not exclusively devote his working time to MTC Aringay; 2) that Judge Jaravata, in smoking inside her chambers, violated Office Order No. 06-2009 – “Reiterating the Ban on Smoking as Provided for in Administrative Circular No. 09-99;” and 3) that complainant used foul language unbecoming a judge. Respondent may pursue and substantiate these charges in a separate case, if he so chooses.
Thus, we AFFIRM in all respects the findings of the OCA and PARTLY ADOPT its recommendation as follows:
1.)               Respondent Precioso T. Orencia, former Clerk of Court II of the Municipal Trial Court of Agoo, La Union, is found liable for discourtesy in the course of official duties and should have been meted out the penalty of REPRIMAND which, however, can no longer be imposed upon him, in view of his retirement; and
2.)               Respondent Precioso T. Orencia is likewise found liable for violation of A.M. No. 03-06-13-SC, or the Code of Conduct for Court Personnel, and FINED in the amount of three thousand pesos (₱3,000), to be deducted from his terminal leave pay.

SO ORDERED.

x x x."