SECOND DIVISION
[A.M. No. 22-05-57-RTC. June 27, 2022.]
IN RE: DROPPING FROM THE ROLLS OF CRISTY ANN B. TELIN, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 30, TAGUM CITY, DAVAO DEL NORTE
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated June 27, 2022 which reads as follows:
"A.M. No. 22-05-57-RTC (In re: Dropping from the Rolls of Cristy Ann B. Telin, Court Stenographer III, Regional Trial Court, Branch 30, Tagum City, Davao del Norte). — On April 26, 2022, Judge Sharon Rose T. Saracin (Judge Saracin), Presiding Judge of Branch 30, Regional Trial Court (RTC), Tagum City, Davao del Norte wrote to the Employees Leave Division (ELD), Office of Administrative Services (OAS), and Office of the Court Administrator (OCA), informing them that Cristy Ann Telin (Telin), Court Stenographer III of the same branch, has been absent without official leave. 1 Telin last reported for work on May 20, 2019. 2 She filed an application for leave for the months of June and July 2019 but has not reported back for work since August 1, 2019. On May 27, 2019, Judge Saracin wrote to Telin asking her to explain why she was no longer reporting for work but received no reply. 3 Thus, Judge Saracin recommended Telin's dropping from the rolls, and requested for the Court Stenographer III position to be declared vacant. 4
It would appear from the records of the ELD, OAS, and OCA that Telin has not submitted her Daily Time Records (DTR) since August 2019 up to the present. She also did not submit any application for leave. Apparently, Telin has been absent without official leave since August 1, 2019. Upon further verification from the records of the Personnel Division of the RTC, Judicial Integrity Board, Court Management Office, OAS, and OCA, Telin — (a) is still in the plantilla of court personnel, and thus, considered to be in active service; (b) did not file an application for retirement; (c) has no pending administrative case filed against her; and (d) is not an accountable officer. 5 As a consequence of her unauthorized absence which lasted for more than 30 working days, Telin's salaries and benefits were withheld pursuant to Memorandum WSB No. 2B-2020 dated February 10, 2020. 6
In its report and recommendation 7 dated May 11, 2022, the OCA recommended that: (a) Telin's name be dropped from the rolls effective August 1, 2019; (b) her position, Court Stenographer III for Branch 30, RTC, Tagum City, Davao del Norte, be declared vacant; and (c) she be informed about her separation from the service in her last known address appearing in her 201 File, that is, Purok Pioneer, Mankilam, Tagum City, Davao del Norte. The OCA added, however, that Telin is still qualified to receive the benefits she may be entitled to under existing laws and may still be reemployed in the government. 8
This Court finds the recommendation of the OCA to be in accordance with law. Section 107 (a) (1) of Rule 20 of the 2017 Rules on Administrative Cases in the Civil Services 9 provides that officers and employees who are "continuously absent without official leave (AWOL) for at least thirty (30) working days may be dropped from the rolls without prior notice which shall take effect immediately." It was clarified in Section 110 of the same rules that separation from the service under this ground is non-disciplinary in nature. Telin may still receive her benefits and may still be reemployed in the government.
It cannot be gainsaid that Telin stopped reporting for work for more than three years now. For that long period of time, the court where she was assigned had to perform its task without a court stenographer. Evidently, her prolonged unauthorized absence disrupted the normal functions of the court, to the prejudice of the best interest of public service. Her confirmed absence warrants the dropping of her name from the Rolls. cEaSHC
For these reasons, the name of Cristy Ann B. Telin is hereby DROPPED from the rolls effective August 1, 2019. The position of Court Stenographer III for Branch 30, Regional Trial Court, Tagum City, Davao del Norte held by Cristy Ann B. Telin is DECLARED VACANT. Let a copy of this Resolution be served upon her at her address appearing on her 201 File pursuant to Section 107 (a) (1) of Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Rollo, p. 4.
2. Id. at 5.
3. Id.
4. Annex "A", id. at 4.
5. Annex "C", id. at 7.
6. Id. at 6.
7. Id. at 1-3.
8. Id.
9. CSC Resolution No. 1701077, July 3, 2017.