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RE: IMPOSITION OF CORRESPONDING PENALTIES FOR HABITUAL TARDINESS COMMITTED DURING SECOND SEMESTER OF 2004 BY FOLLOWING EMPLOYEES OF THIS COURT: RODOLFO E. CABRAL v. COBACHA

This case has been cited 2 times or more.

2006-09-13
YNARES-SANTIAGO, J.
These justifications are neither novel nor persuasive and hardly evokes sympathy. Moral obligations, performance of household chores, traffic problems, health conditions, domestic and financial concerns are not sufficient reasons to excuse habitual tardiness.[11] If at all, they would mitigate, but not exempt them from the infraction.
2006-03-10
CARPIO, J.
In several cases, this Court has mitigated the imposable penalty for humanitarian reasons[25] and considered respondent's length of service in the government[26] and his good faith.[27] While respondent sheriff should be dismissed from the service, as this is his second offense, this Court, for humanitarian reasons, deems that suspension for six months without pay is appropriate. Likewise, respondent sheriff has been in government service since 1980 and with the judiciary since 15 November 1985. It also appears that respondent sheriff was acting in good faith when, upon the timely objection of complainant's counsel, he desisted from further implementing the order.[28] Moreover, when respondent sheriff served plaintiffs' motion for execution on complainant and counsel, he did it, not for monetary consideration, but on the belief that it was part of his duty and it would prevent delay in the execution of the decision.[29]