FIRST DIVISION
[A.M. No. SCC-19-28-P. July 3, 2019.]
OFFICE OF THE COURT ADMINISTRATOR, petitioner, vs.STENOGRAPHER I LAIBA M. UMNGAN, 3RD SHARI'A CIRCUIT COURT, PAGADIAN CITY [FORMERLY A.M. NO. 19-02-01-SCC (UNAUTHORIZED TRAVEL ABROAD OF COURT STENOGRAPHER I LAIBA M. UMNGAN, 3RD SHARI'A CIRCUIT COURT, PAGADIAN CITY)], respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 3, 2019which reads as follows:
"A.M. No. SCC-19-28-P (Office of the Court Administrator vs. Stenographer I Laiba M. Umngan, 3rd Shari'a Circuit Court, Pagadian City) [formerly A.M. No. 19-02-01-SCC (Unauthorized Travel Abroad of Court Stenographer I Laiba M. Umngan, 3rd Shari'a Circuit Court, Pagadian City)]
Before this Court is an administrative matter for violation of Office of the Court Administrator (OCA) Circular No. 59-2013 (Re: Guidelines on Requests for Travel Authority and Extension of Travel Abroad) against Ms. Laiba M. Umngan (Umngan), Court Stenographer I, Shari'a Circuit Court, Pagadian City. HTcADC
The records show that on July 20, 2018, Umngan submitted an application for leave for the period of July 23 to August 31, 2018, the purpose of which being her pilgrimage in Mecca. Her application for leave was duly recommended for approval by Mr. Ampad P. Badting, Clerk of Court II. However, the Employee's Leave Division (ELD), Office of the Administrative Services (OAS), OCA, has no record of Umngan's request for authority to travel nor submission of an approved leave application for the said period as required by OCA Circular No. 59-2013.
In a Letter 1 dated November 28, 2018, the OCA directed Umngan to explain in writing why she should not be held administratively liable.
In a Letter 2 dated January 14, 2019, Umngan was apologetic and openly admitted that she went abroad without the required travel authority. She explained that her trip was a last minute decision and she ran out of time to secure the necessary documentary requirements. She said that her travel to Mecca was for pilgrimage purposes because it is a religious obligation of every Muslim, at least once in a lifetime for those who can afford, to travel to Mecca. Umngan apologized for her infraction and promised not to commit the same mistake again.
The Report and Recommendation of the OCA
In a Memorandum 3 dated April 4, 2019, the OCA found Umngan guilty of violation of OCA Circular No. 59-2013. The OCA recommended the following, that: (1) the instant administrative case be re-docketed as a regular administrative matter; (2) Umngan be reprimanded with a warning that a repetition of the same or similar offense shall be dealt with more severely; and (3) Umngan's application for vacation leave from July 23, 2018 to August 31, 2018 be disapproved and her corresponding absences be considered unauthorized. CAIHTE
The Ruling of the Court
After a perusal of the records of the case, the Court finds the recommendation of the OCA proper under the circumstances.
OCA Circular No. 59-2013 (Re: Guidelines on Requests for Travel Authority and Extension of Travel Abroad) requires that all judges and personnel of the lower courts who plan to travel abroad, regardless of the number of days, must secure a Travel Authority from the Court through the OCA and submit the complete documentary requirements not earlier than two (2) months before the intended departure date. 4
Evidently, Umngan violated OCA Circular No. 59-2013 and her explanation does not merit any consideration.
The Court have consistently emphasized that unauthorized absences of those responsible for the administration of justice are inimical to public service. "As punctuality is a virtue, absenteeism and tardiness are impermissible." 5
Following the Uniform Rules on Administrative Cases in the Civil Service, the Court considers a violation of reasonable office rules and regulations as a light offense and punishable with reprimand on the first offense; suspension for one to thirty days on the second; and dismissal from the service on the third infraction. Considering that this appears to be Umngan's first infraction, the penalty of reprimand is appropriate.
WHEREFORE, Ms. Laiba M. Umngan, Court Stenographer I, Shari'a Circuit Court, Pagadian City, is hereby REPRIMANDED for traveling abroad without any travel authority in violation of OCA Circular No. 59-2013, with a WARNING that a repetition of the same or similar offense would be dealt with more severely.
The explanation dated January 14, 2019 (with enclosures) of Court Stenographer I Laiba M. Umngan; and the Report dated April 4, 2019 of the Office of the Court Administrator, are both NOTED.
The instant matter is RE-DOCKETED as a regular administrative matter against Court Stenographer I Laiba M. Umngan. aScITE
SO ORDERED."Gesmundo, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Id. at 18-19.
2.Id. at 3.
3.Id. at 20-22.
4. (b) For Court Personnel:
• Letter-request addressed to the Court Administrator stating the purpose of the travel abroad;
• Properly accomplished Application Leave (C.S. Form No. 6) covering the period of the travel abroad with the favorable recommendation of the Executive Judge (for those in the Office of the Clerk of Court) or the Presiding Judge (for those in court branches) or by the Clerk of Court as delegated by the Executive Judge/Presiding Judge in writing;
• Clearance as to Money and/or Property Accountability;
• Clearance as to pending criminal and/or administrative case/s filed against the applicant, if any;
• Clearance as to pending stenographic notes for transcription from the applicant's court and from the Court of Appeals, for Court Stenographers; and
• Approved Supreme Court (SC) Certificate of Clearance, in case the period of travel results in the applicant's incurrence of leave without pay in excess of one (1) month (Sec. 57 of the Omnibus Rules on Leave) or thirty (30) calendar days.
2. The complete documentary requirements must be submitted to and received by the OCA not earlier than two (2) months before the intended departure date but not later than ten (10) working days before said date. Otherwise, the request shall not be entertained.
5. Administrative Circular No. 1-99. Enhancing the Dignity of Courts as Temples of Justice and Promoting Respect for their Officials and Employees.