LEAVE DIVISION v. LEONCIO K. GUTIERREZ III

FACTS:

The case involves an administrative complaint against Leoncio K. Gutierrez III, a Clerk III of the RTC, Branch 116 of Pasay City. It is alleged that Gutierrez falsified his DTRs/bundy cards as he was found with entries for February 26, 2010, despite him admitting that he did not report for work on that day. The Presiding Judge noticed this and the matter was forwarded to the OCA. Gutierrez denied knowing who caused the questionable entries. He was asked to explain his non-submission of an application for leave for February 26, 2010, and he reiterated that he was unaware of who punched his DTR on that date. The OCA recommended that Gutierrez be found guilty of dishonesty and fined. Gutierrez later submitted a manifestation stating that he was submitting the case for decision based on the filed pleadings. It is undisputed that Gutierrez was absent on February 26, 2010, and someone punched his DTR to make it appear that he was at work. Gutierrez's defense was only to deny punching his DTR and claim unsuccessful efforts to determine the actual person who did so. However, Gutierrez did not submit any evidence to support his defense.

ISSUES:

  1. Whether Gutierrez is guilty of dishonesty for falsifying his DTRs/bundy cards.

  2. Whether Gutierrez's defense of not knowing who punched his DTR on February 26, 2010 is valid.

RULING:

  1. Gutierrez is guilty of dishonesty for falsifying his DTRs/bundy cards.

  2. Gutierrez's defense of not knowing who punched his DTR on February 26, 2010 is not valid.

PRINCIPLES:

Burden of Proof - Rule 131, Section 1 of the Rules of Court assigns the burden of proof upon the party who alleges the truth of his claim or defense or any fact in issue. In this case, Gutierrez failed to provide sufficient evidence to support his defense, thereby failing to meet his burden of proof.