Republic of the PhilippinesSUPREME COURT
SECOND DIVISION
A.M. No. P-09-2670 October 16, 2009
OFFICE OF THE ADMINISTRATIVE SERVICES (OAS) - OFFICE OF THE COURT ADMINISTRATOR (OCA), Complainant, RODRIGO C. CALACAL, Utility Worker I, Municipal Circuit Trial Court (MCTC), Alfonso Lista-Aguinaldo, Ifugao, Respondent.
R E S O L U T I O N
CARPIO MORALES, J.:
Rodrigo C. Calacal (respondent), a Utility Worker I of the Municipal Circuit Trial Court of Alfonso Lista-Aguinaldo, Ifugao, without obtaining a travel authority required by OCA Circular No. 49-2003,1 left the country on May 15, 2008 for Singapore where he stayed up to June 6, 2008.
The Office of the Court Administrator (OCA) received on July 31, 2008 respondents application for leave, and his daily time record for June 2008 showing that he reported back for work on June 10, 2008.2
On the Courts directive to explain why he failed to comply with OCA Circular 49-2003, respondent proffered unawareness of the circular as there is no copy in his office. Anyway, he stated that the Clerk of Court approved his leave application.
Finding respondents explanation unsatisfactory, the OCA recommended that, pursuant to Rule IV, Section 52 (C) (3) of the Uniform Rules on Administrative Cases in the Civil Service, respondent be reprimanded for violation of reasonable office rules and regulations.31avvphi1
The recommendation of the OCA is well-taken.
OCA Circular No. 49-2003 (B) (4), which has been effective since May 20, 2003, reads:
4. Judges and personnel who shall leave the country without travel authority issued by the Office of the Court Administrator shall be subject to disciplinary action. (Underscoring supplied)
Unawareness of the circular is not an excuse for non-compliance therewith,4 violation of which is penalized with reprimand on the first offense, suspension for 1-30 days on the second offense, and dismissal on the third offense. This appears to be respondents first offense.
WHEREFORE, respondent Rodrigo C. Calacal, Utility Worker I of the Municipal Circuit Trial Court of Alfonso Lista-Aguinaldo, Ifugao is found GUILTY of violation of reasonable office rules and regulations. He is accordingly REPRIMANDED and WARNED that a repetition of the same or similar offense will be penalized more severely.
SO ORDERED.
CONCHITA CARPIO MORALES
WE CONCUR:
LEONARDO A. QUISUMBING
ANTONIO EDUARDO B. NACHURA* ARTURO D. BRION ROBERTO A. ABAD
Footnotes
* Additional member per Special Order No. 730 dated October 5, 2009.
1 Rollo, p. 4.
2 Ibid.
3 Id. at 7.
4 Vide Noynay-Arlos v. Selconag, A.M. No. P-01-1503, January 27, 2004, 421 SCRA 138, 146; Reports on the Financial Audit Conducted on the Books of Accounts of OIC Melinda Deseo, MTC, General Trias, Cavite, A.M. No. 99-11-157-MTC, August 7, 2000, 337 SCRA 347, 352; Re: Financial Audit in RTC, General Santos City, A.M. No. 96-1-25-RTC, April 18, 1997, 271 SCRA 302, 311.
Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao
This is an administrative case decided by the Supreme Court of the Philippines on October 16, 2009, involving Rodrigo C. Calacal, a Utility Worker I of the Municipal Circuit Trial Court of Alfonso Lista-Aguinaldo, Ifugao. The legal issue in this case is the violation of Office of the Court Administrator (OCA) Circular No. 49-2003, which requires court personnel to obtain a travel authority before leaving the country. Respondent Calacal left for Singapore without obtaining the required travel authority and claimed unawareness of the circular. However, the Supreme Court upheld the OCA's recommendation to reprimand Calacal for violation of reasonable office rules and regulations, emphasizing that unawareness of the circular is not an excuse for non-compliance.
Quick Answers
- What is Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao about?
- This is an administrative case decided by the Supreme Court of the Philippines on October 16, 2009, involving Rodrigo C. Calacal, a Utility Worker I of the Municipal Circuit Trial Court of Alfonso Lista-Aguinaldo, Ifugao. The legal issue in this case is the violation of Office of the Court Administrator (OCA) Circular No. 49-2003, which requires court personnel to obtain a travel authority before leaving the country. Respondent Calacal left for Singapore without obtaining the required travel authority and claimed unawareness of the circular. However, the Supreme Court upheld the OCA's recommendation to reprimand Calacal for violation of reasonable office rules and regulations, emphasizing that unawareness of the circular is not an excuse for non-compliance.
- Which court decided Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao?
- Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao was decided by the Supreme Court of the Philippines.
- When was Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao decided?
- Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao (A.M. No. P-09-2670) was decided on Oct 16, 2009.
- What is the citation for Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao?
- Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao, A.M. No. P-09-2670, Oct 16, 2009 (Supreme Court of the Philippines)
Case Information
- Case Number
- A.M. No. P-09-2670
- Decision Date
- Court
- Supreme Court of the Philippines
- Jurisdiction
- Philippines
Full Decision Text
Cite This Case
Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao, A.M. No. P-09-2670, Oct 16, 2009 (Supreme Court of the Philippines)
Supreme Court of the Philippines. (2009). Office of the Administrative Services (OAS)- Office of the Court Administrator (OCA) vs. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao (A.M. No. P-09-2670). Retrieved from https://legaldex.com/jurisprudence/office-of-the-administrative-services-oas-office-of-the-court
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