SC: No admin sanctions for LGU employee assigned to lower court without approval

The Supreme Court (SC) has said it cannot impose administrative sanctions on a locally funded employee, or an individual employed and paid by a local government unit (LGU), if it did not approve the employee’s assignment to a lower court.

In an 18-page decision, the SC Third Division said Administrative Circular No. 28-2008 provides that no locally funded employee may be detailed to a court without the SC’s approval through the Office of the Court Administrator (OCA).

The SC said any detail made without such approval is considered illegal and void.

“Without a valid detail, the Court is precluded from exercising its power of administrative supervision, which includes the power to discipline, over such locally funded employee,” it said.

“The detail is patently void, hence the Court cannot exercise its disciplinary jurisdiction over a person whose relationship with the Court is legally nonexistent,” it added.

The case stemmed from a complaint filed by an individual who discovered that her marriage at the Municipal Trial Court in Cities (MTCC) of Baguio City had not been solemnized due to the employee’s failure to process it despite the complainant’s payment of a registration fee.

When the complainant threatened to sue her, the employee said the SC had no jurisdiction over her because she was employed by the local government.

The SC, however, said that while it could not impose an administrative sanction on the employee, it could still cite her for contempt for conduct that tended to impede, obstruct or degrade the administration of justice.

“Since the image of a court is necessarily mirrored in the official and personal conduct of all individuals working there, [she] should be made liable for her conduct which degraded the administration of justice and tarnished the reputation of the Judiciary,” it said.

The SC directed the Baguio City MTCC to initiate contempt proceedings against the former employee.

The SC also directed the OCA to reiterate to all judges the need to secure approval before locally funded employees are detailed to their courts.— MCG, GMA News