Digest: Court Personnel, etc. v. Llamas (447 SCRA 60, 2004)

Public Office as a Public Trust
Digest: Court Personnel, etc. v. Llamas (447 SCRA 60, 2004)
A.M. No. P-04-1925 : December 16, 2004
PANGANIBAN, J.:

 

Public service requires integrity and discipline. For this reason, public servants must exhibit at all times the highest sense of honesty and dedication to duty. By the very nature of their duties and responsibilities, government employees must faithfully adhere to, hold sacred and render inviolate the constitutional principle that a public office is a public trust; that all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency.

 

Facts: In a letter addressed to Chief Justice Hilario G. Davide Jr. dated January 25, 2000, herein complainants, all of whom are employed in the Office of the Clerk of Court of the RTC of San Carlos City, Pangasinan, labeled respondent as a "troublesome and arrogant court employee."

 

Respondent Oscar Llamas is a brother of Judge Victor T. Llamas, who used to preside over Branch 56 of the San Carlos RTC. Animosity between Judge Llamas and the OCC personnel started when the latter, headed by Atty. Omega L. Moises, testified in an immorality case filed against the former. Respondent sympathized with his brother and showed hostility towards his co-employees.

 

Atty. Moises repeatedly warned respondent about his unprofessional attitude in no less than three Memoranda. The first Memorandum called his attention to his drinking sessions during office hours and his highly hostile attitude. She would always request a member of her staff to call him whenever he was drinking outside the Justice Hall.

 

The second Memorandum, dated December 2000, called the attention of respondent to his tardiness and frequent absences.

 

The Office of the Court Administrator (OCA) found the acts attributed to respondent supported by substantial evidence. It opined that "[a] cash clerk, being a judicial employee, is expected to act with prudence, restraint, courtesy and dignity. Deviation from these salutary norms undeniably constitutes misconduct prejudicial to the best interest of the service."⁹ The OCA asked the Court to adopt the recommendation of Investigating Judge Crispin C. Laron that respondent be dismissed from service.

 

Issue: Whether or not the accused is guilty.

 

Ruling: Yes. Public service requires integrity and discipline. For this reason, public servants must exhibit at all times the highest sense of honesty and dedication to duty. By the very nature of their duties and responsibilities, they must faithfully adhere to, hold sacred and render inviolate the constitutional principle that a public office is a public trust; that all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency.

 

Neither did respondent deny his brash behavior bordering on discourtesy and disrespect for Atty. Moises. By banging doors and windows, slamming office supplies, and staring at everyone with belligerence, he displayed conduct unbecoming a court employee; it degraded the dignity of the judiciary and undermined the people's faith and confidence in it. At all times, employees of the judiciary are expected to accord respect to the person and the rights of another, even a co-employee. Their every act and word should be characterized by prudence, restraint, courtesy and dignity. Government service is people-oriented; high-strung and belligerent behavior has no place therein.

Rude and hostile behavior often translates a personal conflict into a potent pollutant of an otherwise peaceful work environment; ultimately, it affects the quality of service that the office renders to the public. Letting personal hatred affect public performance is a violation of the principle enshrined in the Code of Conduct and Ethical Standards for Public Officials and Employees, a principle that demands that public interest be upheld over personal ones.

Improper behavior especially during office hours exhibits not only a paucity of professionalism at the workplace, but also great disrespect for the court itself. Such demeanor is a failure of circumspection demanded of every public official and employee. Thus, the Court looks "with great disfavor upon any display of animosity by any court employee" and exhorts every court personnel to act with strict propriety and proper decorum to earn public trust for the judiciary. Colleagues in the judiciary, including those occupying the lowliest position, are entitled to basic courtesy and respect.

In discharging its constitutional duty of supervising lower courts and their personnel, this Court cannot ignore the fact that the judiciary is composed essentially of human beings who have differing personalities, outlooks and attitudes; and who are naturally vulnerable to human weaknesses. Nevertheless, the Code of Judicial Ethics mandates that court personnel must not only be, but also be perceived to be, free from any impropriety - - with respect not only to their duties in the judicial branch, but also to their behavior anywhere else.

Sufficiently proven were the following charges: 1) frequent unauthorized absences, loafing or frequent unauthorized absences from duty during regular office hours and 2) gross discourtesy in the course of official duties. Under Civil Service Rules and Regulations, the first carries with it, upon its first commission, the minimum penalty of suspension for six months and one day; the second, the minimum penalty of suspension for one month and one day.