Case Digest: COMPLAINTS AGAINST MR. ALEXANDER R. BLANCA, CONSTRUCTION AND MAINTENANCE GENERAL FOREMAN, HALL OF JUSTICE, MORONG, RIZAL.

COMPLAINTS AGAINST MR. ALEXANDER R. BLANCA, CONSTRUCTION AND MAINTENANCE GENERAL FOREMAN, HALL OF JUSTICE, MORONG, RIZAL.

A.M. No. 2005-09-SC (2007)

No matter how petty, thievery has no place in the judiciary since it tarnishes the image of the institution which is in the forefront in the campaign against the commission of crimes.

On several occasions, several letter-complaints were filed against Alexander R. Blanca (Blanca), a Construction and Maintenance General Foreman of Hall of Justice of Rizal.

Among the complaints include: Unauthorized taking out of one gallon Vulca Seal, rotting parts of the building that should have been repaired but unattended that poses great risks and danger to the life to the life of court employees and the litigants and an overbearing and arrogant manner of supervision. It has also been alleged that Blanca, on separate occasions took out several items from the Hall of Justice of Morong which includes: 1 pc. Plyboard, 1 roll electrical tube and 1 pc. Plywood.

After investigation, the Office of the Administrative Services (OAS) recommended the termination of Blanca’s services without prejudice, however, to reemployment. The Supreme Court affirmed the evaluation of the OAS.

ISSUE:

Whether or not petty thievery should be a valid cause for termination of an employee

HELD:

Section 5 of Canon 1 of the Code of Conduct for Court Personnel mandates that ―court personnel shall use the resources, property and funds under their official custody in a judicious manner and solely in accordance with the prescribed statutory and regulatory guidelines or procedure.‖ Similarly, Section 4(A)(a) of Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, requires that ―all government resources … must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.‖

Court supplies are intended for public use. That is why Court personnel are charged with the duty and responsibility of safeguarding and protecting court property in whatever condition or state it may be found. Pilferage of such property by those employed in the judiciary is reprehensible as it tarnishes the image of the institution which is in the forefront in the campaign against the commission of crimes. No matter how petty, thievery has no place in the judiciary.

Under Section 52 of Rule IV of the Uniform Rules on Administrative Cases in the Civil Service, dismissal is the prescribed penalty for grave misconduct and dishonesty, being classified as grave offenses, even for first-time offenders. Section 58 thereof provides that ―the penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service, unless otherwise provided in the decision.‖ Section 53, however, of the same Rules acknowledges the applicability of mitigating, aggravating and alternative circumstances which attended the commission of the offense in the determination of the penalties to be imposed, such as habituality and length of service.

Since Blanca has been employed for quite a long period of time – since March 9, 1998 – as a casual Construction and Maintenance General Foreman, and considering that this is his first offense, the recommendation of the OAS to immediately terminate his services, without prejudice to reemployment in any branch of the government, including government-owned-and-controlled corporations, is in order.