SC: LGU employee assigned to lower court without approval cannot be sanctioned administratively

The Supreme Court (SC) has ruled that administrative sanctions cannot be imposed on a locally funded employee, or an individual employed and paid by a local government unit (LGU), if their assignment to a lower court was not approved by the SC. In an 18-page decision, the SC Third Division stated that Administrative Circular No. 28-2008 mandates that no locally funded employee may be detailed to a court without the SC’s approval, obtained through the Office of the Court Administrator (OCA). Any such detail made without this 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," the SC 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." The case originated 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 having paid a registration fee. When the complainant threatened legal action, the employee asserted that the SC had no jurisdiction over her because she was employed by the local government. However, the SC clarified that while it could not impose an administrative sanction, the employee could still be cited 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 stated. The SC directed the Baguio City MTCC to initiate contempt proceedings against the former employee. Additionally, it instructed the OCA to reiterate to all judges the necessity of securing approval before locally funded employees are detailed to their courts. This ruling underscores the importance of transparency and procedural adherence in the assignment of personnel within the Philippine judicial system. The placement of LGU employees in judicial bodies now requires strict adherence to protocols and SC approval, a critical step in upholding judicial independence and fairness. Information Source: GMA News Philippines