THIRD DIVISION
[A.M. No. 13-9-207-RTC. November 13, 2013.]
RE: DROPPING FROM THE ROLLS OF MS. NELINDA A. BATO, COURT STENOGRAPHER III, BRANCH 201, REGIONAL TRIAL COURT, LAS PIÑAS CITY
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated November 13, 2013, which reads as follows:
"A.M. No. 13-9-207-RTC (Re: Dropping from the Rolls of Ms. Nelinda A. Bato, Court Stenographer III, Branch 201, Regional Trial Court, Las Piñas City). — This Administrative Matter pertains to the absence without approved leave of Ms. Nelinda A. Bato, Court Stenographer III, Branch 201, Regional Trial Court, Las Piñas City.
According to the records of the Employees' Leave Division, Office of Administrative Services, and Office of the Court Administrator, Ms. Nelinda A. Bato has been absent without approved leave since January 2, 2013 up to the present. 1
In a Letter dated February 11, 2013, the Office of the Court Administrator requested Presiding Judge Lorna N. Domingo of Branch 201, Regional Trial Court, Las Piñas City to instruct Ms. Nelinda A. Bato to submit her Bundy Cards for the months of December 2012 and January 2013. 2 In reply to the Letter, Presiding Judge Lorna N. Domingo informed the Office of the Court Administrator that Ms. Nelinda A. Bato has been absent since August 1, 2012 and that a Return-to-Work Order was issued on October 1, 2012. 3 cSHATC
The Office of the Court Administrator then sent a Letter dated April 18, 2013 to Ms. Nelinda A. Bato reiterating its directive to submit her Bundy Cards for the months of December 2012 up to the present or the approved application for leave. 4
On May 16, 2013, the Office of the Court Administrator received Ms. Nelinda A. Bato's compliance of the directive issued. 5 Ms. Nelinda A. Bato submitted her Bundy Cards and applications for leave for the months of December 2012 up to April 2013. The Bundy Cards showed that Ms. Nelinda A. Bato was on sick leave for the whole month of December 2012 and on vacation leave from January to April 2013. However, the attached applications for leave for the said period do not show that these were recommended for approval by her presiding judge.
The Office of the Court Administrator then sent a Return-to-Work Order dated May 29, 2013 to Ms. Nelinda A. Bato. 6 Instead of reporting for work, Ms. Nelinda A. Bato sent a Letter to the Office of the Court Administrator attaching her Bundy Card and an application for vacation leave for the month of May 2013. 7 Again, the Bundy Card showed that Ms. Nelinda A. Bato was on vacation leave for the whole month of May 2013, but the application for leave does not show that her application for leave for the said period was recommended for approval by her presiding judge.
Thus, in its Report dated August 16, 2013, the Office of the Court Administrator recommended the dropping from the rolls of Ms. Nelinda A. Bato effective January 2, 2013 for having been absent without official leave and consequently declaring her position vacant pursuant to Rule XVI, Section 63 of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, s. 2007. 8 aETASc
We agree with the recommendations of the Office of the Court Administrator.
Rule XVI, Section 63 of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, s. 2007, states:
Sec. 63.Effect of absences without approved leave. — An official or employee who is continuously absent without 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 working (30) 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 in 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 for work within the period stated in the Order shall be a valid ground to drop him from the rolls. cHDaEI
Records show that Ms. Nelinda A. Bato has been absent without any approved leave since January 2, 2013 up to the present despite the Return-to Work Orders issued. The belated submission of an application for vacation leave for the period that Ms. Nelinda A. Bato did not report for work will not excuse her absence. Worse, the application for vacation leave, which was submitted to the Office of the Court Administrator, was not recommended for approval by her presiding judge. In applying Rule XVI, Section 63 of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, s. 2007, we consider Ms. Nelinda A. Bato as absent without official leave and may be dropped from the rolls without prior notice.
In Re: Absence without Office Leave of Ms. Marietta P. Espinas, this Court reminded court employees to submit their application for vacation leave in advance for the purpose of "[enabling] management to make the necessary adjustment in order that the work may not be paralyzed." 9 In this case, Ms. Nelinda A. Bato submitted her application for vacation leave several months after the period of her supposed leave and only after being directed by the Office of the Court Administrator. HSIDTE
Ms. Nelinda A. Bato's acts show her indifference toward her duties and obligations as a court personnel. In A.M. No. 07-1-18-RTC, this Court said that ". . ., an employee's frequent unauthorized absences not only undermine his efficiency as court personnel, but can also have an adverse effect in the prompt delivery of justice. A court employee's absence without leave for a prolonged and unreasonable period of time constitutes conduct prejudicial to the best interest of public service. It contravenes a public servant's duty to serve the public with utmost responsibility, integrity, loyalty and efficiency. . . . ." 10 (Citations omitted)
WHEREFORE, premises considered, this Court hereby APPROVES the recommendation of the Office of the Court Administrator that Ms. Nelinda A. Bato, Court Stenographer III, Branch 201, Regional Trial Court, Las Piñas City, be DROPPED FROM THE ROLLS effective January 2, 2013 and her position be declared VACANT. However, she is still qualified to avail the benefits she may be entitled to receive under existing laws and may still be re-employed in the government.
The Office of the Court Administrator is DIRECTED to INFORM Ms. Nelinda A. Bato of her separation from service or dropping from the rolls at Unit B, OJM Ocampo Apartment, Las Piñas City, the last known address appearing in her 201 File, and at Purok Zenia, Nueva Extension Street, Barangay Taft, Surigao City, the address stated in her Letter to the Office of the Court Administrator.
SO ORDERED." DSAICa
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. Rollo, p. 1.
2. Id. at 4.
3. Id. at 5.
4. Id. at 7.
5. Id. at 10.
6. Id. at 19.
7. Id. at 21.
8. Id. at 2-3.
9. A.M. No. 07-1-18-RTC, February 7, 2007.
10. Id.