Case Digest: ACTING EXECUTIVE JUDGE HENRI JP INTING v. LANDI D. BORJA

ACTING EXECUTIVE JUDGE HENRI JP INTING v. LANDI D. BORJA

A.M. No. P-01-1707, 24 July 2004

Simple Neglect of Duty has been defined as the failure of an employee to give attention to a task expected of him and signifies a disregard of a duty resulting from carelessness or indifference.

There was a pending case concerning the dishonesty and misconduct of a sheriff, namely Landi Borja (Borja). During the trial, the stenographic notes of the testimony of the complainant in that case were not transcribed, which delayed the rendering of judgment in the said case. The defense of Borja anent the complainant was that she took home with her the stenographic notes and, on the way home while aboard a jeepney, someone snatched her bag which contained the notes. Attached to her explanation was an ALARM REPORT she made to the police.

The complainant filed a request for investigation to the Office of the Court Administrator. The same found Borja administratively liable for negligence, it appearing that the same failed to ask prior permission from her immediate supervisor to bring home the records and to provide proper protection and measures to prevent the loss of the same record while in transit. The complainant sought to hold Borja liable for simple neglect of duty.

ISSUE:

Whether or not respondent is guilty of neglect of duty

HELD:

Simple Neglect of Duty has been defined as the failure of an employee to give attention to a task expected of him and signifies a disregard of a duty resulting from carelessness or indifference. That Borja failed to seek prior the authority of her immediate superior to bring home the stenographic notes and to safeguard them reflect her disregard of a duty arising from carelessness or indifference.