Dear PAO,
I am a court staff and we have an LGU employee assigned to our court. A couple informed us that upon checking with the Local Civil Registrar, they discovered that their marriage, which was solemnized at the court, had not been registered. The couple alleged that the LGU employee failed to register their marriage despite having received the corresponding registration fee. May the Supreme Court impose sanctions on the LGU employee assigned to our court?
Ivonne
Dear Ivonne,
Before addressing the issue of whether the Supreme Court can impose sanction on an LGU employee assigned to courts, it is necessary to first define a locally funded employee. In “Mr. Abenes” vs. Juliet L. Corpuz and Armando G. Ydia (A.M. No. P-12-3081, January 29, 2026, Ponente: Associate Justice Maria Filomena D. Singh), the Supreme Court defined a locally funded employee as one employed by, and receiving salary and benefits from, a local government unit (LGU). The Supreme Court recognized situations wherein LGUs have offered assistance to the courts within their territorial jurisdiction to aid in the overall administration of justice.
In Joel A. Sagum vs. Jonell C. Castillo (OCA IPI No. 20-5005-P, November 29, 2022, Ponente: Associate Justice Jhosep Y. Lopez), the Supreme Court ruled that the Judicial Integrity Board (JIB) had no jurisdiction over a locally funded employee pursuant to Rule III, Section 1 of the Internal Rules of the JIB. The Office of the Court Administrator (OCA) had certified that the employee’s detail to the court had not been authorized by the Supreme Court. Nevertheless, the Supreme Court emphasized that it could not permit any person, whether or not an employee of the judiciary, to undermine or tarnish the judicial standards and norms that the Supreme Court has consistently sought to establish and preserve.
Accordingly, any administrative infraction committed by a locally funded employee in the course of his or her actual service in the courts may be referred by the concerned court to the appropriate LGU for investigation and the imposition of such sanctions as may be warranted under applicable laws, rules, and regulations.
Notwithstanding the foregoing, the absence of administrative jurisdiction does not divest the Supreme Court of its inherent authority to protect the dignity, integrity, and authority of the judiciary. Thus, a locally funded employee may, when warranted by the circumstances, be cited for contempt for acts or conduct that tend to degrade the administration of justice or otherwise tarnish the image and reputation of the judiciary.
In the “Mr. Abenes” case, the high court ruled that “[t]he power of contempt has twofold purposes: (a) to protect the dignity, authority, and administration of justice through the punishment of those who disrespect or seek to put them in disrepute, and (b) to compel the performance of an act or duty which one refuses to perform.” Once established that a locally funded employee committed acts constituting disrespect toward the judiciary, liability for contempt may attach. As the dignity and integrity of the court are reflected in the conduct of all persons working therein, the employee may be held accountable for acts that degrade the administration of justice and tarnish the reputation of the judiciary.
In the present case, although the Supreme Court may not exercise disciplinary jurisdiction over the locally funded employee, this does not preclude it from taking appropriate measures to protect the dignity and integrity of the judiciary. The employee may be held administratively accountable before the concerned LGU and, where warranted, subjected to contempt proceedings before the Court.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
