THIRD DIVISION
[A.M. No. 14-3-45-RTC. June 2, 2014.]
DROPPING FROM THE ROLLS OF MELENCIO F. CAOIBES, LEGAL RESEARCH II, REGIONAL TRIAL COURT, BRANCH 254, LAS PIÑAS CITY
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 2, 2014, which reads as follows:
"A.M. No. 14-3-45-RTC — (Dropping from the Rolls of Melencio F. Caoibes, Legal Researcher II, Regional Trial Court, Branch 254, Las Piñas City). — The records of the Employees Leave Division (ELD), Office of Administrative Services (OAS), Office of the Court Administrator (OCA), show that Melencio F. Caoibes, Legal Researcher II of the Regional Trial Court, Branch 254, Las Piñas City (RTC), has not submitted his Daily Time records (DTR) since October 1, 2012 up to the present time. He has not submitted any application for leave either. Thus, per record of the ELD, OAS, OCA, Caoibes has been on absence without official leave since October 1, 2012.
On November 9, 2012, the ELD, OAS, OCA sent a telegram to Caoibes requesting him to submit his DTRs for August to October 2012, otherwise, his salaries would be withheld. 1 Caoibes submitted his August and September 2012 DTRs, but both were unsigned and/or unverified by Judge Gloria B. Aglugub (Judge Aglugub). The entries in his DTRs were verified from the certified true copy of their attendance logbook and majority of the entries were found to be in order.
In her Letter, 2 dated December 10, 2012, Judge Aglugub requested that Caoibes be dropped from the rolls due to his frequent unauthorized absences.
The ELD, OAS, OCA sent a letter 3 to Caoibes, dated March 19, 2013, coursed through Judge Aglugub, requesting the submission of his DTRs from October 2012 up to the aforesaid date with a warning that his continued non-compliance would result in the dropping of his name from the rolls. Judge Aglugub, however, returned the letter with a report that it could not be served to Caoibes because he had not been reporting for work. Judge Aglugub reiterated her request that Caoibes be dropped from the rolls. 4aHSAIT
Through Memorandum WSB No. 11c-2012, 5 dated November 27, 2012, the salaries and other benefits of Caoibes were withheld.
Verification from the Employees' Welfare and Benefits Division, OAS, OCA shows that Caoibes has not filed an application for retirement. According to the Personnel Division, he appears in the plantilla of personnel and is, therefore, considered in the active service. The records of the Docket and Clearance Division, Legal Office, OCA, show that there is no pending administrative case against him, and based on the records of the Court Management Office, OCA, he is not an accountable officer.
Meanwhile, Caoibes requested the OCA for his detail from Branch 254 to the Office of the Clerk of Court (OCC) stating that Judge Aglugub "is all out to make his life and work in his present station unbearably miserable." The OCA, in its Memorandum, 6 dated September 11, 2013, denied the request for lack of merit as the reasons stated would not serve the best interest of the service and because of the absence of the conformity of Judge Aglugub.
In its Report, 7 dated February 24, 2014, the OCA recommended that Caoibes be dropped from the rolls effective October 1, 2012 but still be qualified to receive the benefits he may be entitled to under existing laws and may still be reemployed in the government; that his position be declared vacant; and that he be informed of his separation from the service or dropping from the rolls at his last known address appearing in his 201 file at Block 1, Lot 4, Hauskon Homes, La Salle, Dasmariñas City, Cavite.
The Court agrees with the recommendation of the OCA.
Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, s. 2007, provides:
Effect of Absences Without Approved Leave — An official or an employee who is continuously absent without an approved leave for at least thirty (30) working days shall be considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. However, when it is clear under the obtaining circumstances that the official or employee concerned has established a scheme to circumvent the rule by incurring substantial absences though less than thirty (30) working days 3x in a semester, such that a pattern is already apparent, dropping from the rolls without notice may likewise be justified.
If the number of unauthorized absences incurred is less than thirty (30) working days, a written Return-to-work Order shall be served to him at his last known address on record. Failure on his part to report to work within the period stated in the Order shall be a valid ground to drop him from the rolls.
Undoubtedly, the habitual absence without leave of Caoibes caused inefficiency in the public service. 8 The conduct and behavior of everyone connected with an office charged with the dispensation of justice is circumscribed with the heavy burden of responsibility. 9 Any act which falls short of the exacting standards for public office, especially on the part of those expected to preserve the image of the Judiciary, shall not be countenanced. 10EHTISC
No less than the Constitution has pronounced that a public office is a public trust. Public officers must, at all times, be accountable to the people, serve them with utmost degree of responsibility, integrity, loyalty, and efficiency. A court employee's absence without leave for a prolonged period of time constitutes conduct prejudicial to the best interest of public service and warrants the penalty of dismissal from the service with forfeiture of benefits. 11
WHEREFORE, Melencio F. Caoibes, Legal Researcher II, Regional Trial Court, Branch 254, Las Piñas City, is hereby DROPPED from the service and his position is DECLARED VACANT.
Let copy of this resolution be served upon him at his address appearing on his 201 file pursuant to Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended. (Villarama, Jr., J., designated Acting Member in view of the vacancy in the Third Division, per Special Order No. 1691 dated May 22, 2014)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDeputy Division Clerk of Court
Footnotes
1. Annex "A", rollo, p. 4.
2. Annex "B", rollo, pp. 5-6.
3. Annex "C" rollo, p. 7.
4. Annex "E" rollo, pp. 9-10.
5. Annex "F", rollo, p. 11.
6. Annex "H", rollo, pp. 13-14.
7. Rollo, pp. 1-3.
8. Judge Florendo v. Cadano, 510 Phil. 230 (2005).
9. RE: Absence Without Official Leave (AWOL) of Mr. Gregorio B. Faraon, Administrative Officer IV, Regional Trial Court — Office of the Clerk of Court, Manila, 492 Phil. 160, 163 (2005).
10. RE: Absence Without Official Leave (AWOL) of Mr. Jayson S. Tayros, Process Server, Regional Trial Court, Branch 31, Dumaguete City, 505 Phil. 495, 498 (2005).
11. RE: Absence Without Official Leave (AWOL) of Mr. Gregorio B. Faraon, Administrative Officer IV, Regional Trial Court — Office of the Clerk of Court, Manila, supra note 9.