SECOND DIVISION
[A.M. No. 22-07-82-RTC. August 15, 2022.]
RE: DROPPING FROM THE ROLLS OF MR. ARNOLD V. OMLERO, UTILITY WORKER 1, BRANCH 3, RTC ILIGAN CITY, LANAO DEL NORTE
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution datedAugust 15, 2022which reads as follows:
A.M. No. 22-07-82-RTC (Re: Dropping from the Rolls of Mr. Arnold V. Omlero, Utility Worker 1, Branch 3, RTC Iligan City, Lanao Del Norte). — In a sworn transmittal 1 dated April 29, 2021, Atty. Josianne M. Uy-Debalucos, Branch Clerk of Court of Branch 3, Regional Trial Court, Iligan City, Lanao del Norte (RTC), informed the Employee's Leave Division (ELD), Office of the Administrative Services (OAS), and the Office of the Court Administrator (OCA) that Arnold V. Omlero (Omlero), Utility Worker I of the same court, has been absent without official leave (AWOL) since October 1, 2020. To date, Omlero has not submitted his Daily Time Records (DTR) or application for leave.
Records of the ELD, OAS, and OCA show that indeed, Omlero has not submitted his DTRs since October 1, 2020 up to the present. Neither did he submit any application for leave. Upon further verification from the records of the Personnel Division of the RTC, Court Management Office, OAS, Judicial Integrity Board, and OCA, it would appear that Omlero is: (1) still included in the list of active plantilla of court personnel; (2) did not file an application for optional retirement; (3) has no pending administrative case filed against him; and (4) is not an accountable officer. 2 As a consequence of his continued unauthorized absences, which lasted for more than 30 working days, Omlero's salaries and benefits were withheld pursuant to Memorandum WSB No. 1A-2021. 3
In its report and recommendation 4 dated July 4, 2022, the OCA recommended that: (a) Omlero's name be dropped from the rolls effective October 1, 2020; (b) his position as Utility Worker for RTC be declared vacant; and (c) he be notified of his separation from the service in his last known address appearing in his 201 File, that is Tidanoy, Iligan City, Lanao del Norte. The OCA added that Omlero is still qualified to receive the benefits he may be entitled to under existing laws and may still be re-employed in the government. 5
Accordingly, this Court finds the recommendation of the OCA to be consistent with the law. Section 107 (a) (1) of Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service 6 provides that officers and employees who are "continuously AWOL for at least 30 working days may be dropped from the rolls without prior notice which shall take effect immediately." It was clarified though, in Section 110 of the same Rules, that separation from the service under this ground is non-disciplinary in nature. Thus, Omlero may still be re-employed in the government.
Undeniably, Omlero stopped reporting for work for almost two years now. For that long period of time, the court where he was assigned had to perform its task without a utility worker. Evidently, his prolonged unauthorized absence disrupted the normal functions of the court, to the prejudice of the best interest of public service. His confirmed absences, therefore, warrant the dropping of his name from the Rolls.
FOR THESE REASONS, the name of Arnold V. Omlero, Utility Worker I, Branch 3, Regional Trial Court, Iligan City, Lanao del Norte, is hereby DROPPED FROM THE ROLLS effective October 1, 2020, for having been on absence without official leave (AWOL); however, he is still qualified to receive the benefits he may be entitled to under existing laws and may still be re-employed in the government. CAIHTE
The position of Utility Worker I for Branch 3, Regional Trial Court, Iligan City, Lanao del Norte, is DECLARED VACANT. Let a copy of this Resolution be served upon him at his address appearing on his 201 File pursuant to Section 107 (a) (1) of Rule 20 of the 2017 Rules on Administrative Cases in Civil Service.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, p. 3.
2.Id. at 5.
3.Id. at 6.
4.Id. at 1-2.
5.Id.
6. CSC Resolution No. 1701077, July 3, 2017.