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SC fires court employee for gross misconduct, gross insubordination

Photo from Ramon FVelasquez/Wikimedia Commons

The Supreme Court (SC) en banc, on June 28, 2022, dismissed a court stenographer for her repeated misconduct and showing of “disrespectful and arrogant behavior in the performance of her duties.” 

The complaint was filed by Judge Stela Marie Q. Gandia-Asuncion and other employees of the Municipal Circuit Trial Court of Sta. Ignacia, Tarlac. 

It was alleged that Lorna M. Martin, Court Stenographer I, barged into Judge Gandia-Asuncion’s office and screamed invectives at the judge for correcting Martin’s draft orders. 

Martin also refused to submit stenographic notes and recordings of hearings and, in one instance, assaulted Officer-in-Charge Clerk of Court Rodelio A. Pedroche as she refused to hand in her notes.

From 2014 to 2017, Judge Gandia-Asuncion called the court stenographer’s attention through six memoranda, directing her to explain why she should not be administratively penalized for her acts. Martin refused to acknowledge the memoranda and once tore the memorandum she got.

Meanwhile, the Office of the Court Administrator (OCA) recommended that Martin be found guilty of gross insubordination and discourtesy, and she shall be suspended for a year without pay. SC affirmed the findings of OCA but increased the penalty to dismissal.

On Martin’s gross misconduct, the Court declared, “[her] flagrant disregard of established rules of conduct and standard of behavior as an employee of the Judiciary, thus amounting to a willful intent to subvert the rules. Her conduct further exhibits her utter lack of professionalism and respect toward the rights of others contrary to good morals and good customs.”

SC added that Martin’s refusal to receive the memoranda issued by Judge Gandia-Asuncion amounted to gross insubordination.

As Martin’s dismissal was ordered immediately, the Court likewise pronounced the forfeiture of her benefits, cancellation of her civil service eligibility, and perpetual disqualification from re-employment in any government instrumentality, including government-owned and controlled corporations. 

A permanent protection order was likewise issued against Martin, in favor of Judge Gandia-Asuncion and the other complainants, for the incidents had caused fear, anxiety, and disruption in the government office.

An additional 36,000-peso fine was also imposed on Martin for refusing to undergo psychological evaluation during the pendency of the case.

See the full text of the decision below.

A.M. No. P-22-042. June 28, 2022 by Alburo Law Offices on Scribd

 


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