SECOND DIVISION
[A.M. No. 19-04-78-RTC. July 1, 2019.]
RE: DROPPING FROM THE ROLLS OF MS. FLORINDA A. MACHADO, INTERPRETER III, RTC BR. 17, ZAMBOANGA CITY, ZAMBOANGA DEL SUR
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated01 July 2019which reads as follows:
"A.M. No. 19-04-78-RTC — Re: Dropping from the Rolls of Ms. Florinda A. Machado, Interpreter III, RTC Br. 17, Zamboanga City, Zamboanga del Sur
Florinda A. Machado is a Court Interpreter assigned at the Regional Trial Court-Branch 17, Zamboanga City, Zamboanga del Sur, presided by Hon. Judge Gracelina G. Bernardo. By Memorandum dated August 2, 2018, Judge Bernardo gave notice to Machado that she appeared to have already abandoned her position, duties and functions as Court Interpreter. Judge Bernardo too, noted that Machado had been continuously absent from work without approved leave of absence since July 31, 2018. Judge Bernardo's staff relayed to her that the last time they saw Machado was July 30, 2018 which she herself told them it was her last day in office. Because of her unauthorized absences, Judge Bernardo and her court staff had to deal with the daily burden of endlessly searching for the case records Machado was supposed to have kept on file. On August 3, 2018, Machado received the Memorandum. HTcADC
Judge Bernardo also sent a letter to the Office of the Court Administrator (OCA), Office of the Deputy Court Administrator (ODCA), Office of Administrative Services (OAS) and Fiscal Management Office (FMO) regarding Machado's unauthorized absences. She further requested that the salary, allowances, and other emoluments pertaining to Machado be discontinued effective July 31, 2018, without prejudice to the filing of appropriate administrative action against her.
On November 14, 2018, the OAS indorsed to the FMO a directive to withhold Machado's salaries and benefits. The OAS also attached a Memorandum of even date listing the name of Machado as among those who violated OCA Circular No. 07-2013 1 for failure to submit her Certificate of Service (CS) and Daily Time Records (DTRs)/Bundy Cards (BC).
The Report and Recommendation2
In its Report dated March 8, 2019, the OCA noted that Machado failed to submit her Daily Time Records and her application for leave since July 2018. Based on the records of the Employees' Leave Division (ELD), OAS, and OCA, she had been on absence without leave since July 2, 2018.
The OCA also informed the Court that Machado has not applied for retirement; she is a plantilla personnel in active service; she has no pending cases; and she is not an accountable officer. Her salaries and benefits have been withheld since December 2018.
Under Section 107, a-1 Rule 20 of the 2017 RACCS, 3 an official who absented himself/herself without approved leave for at least thirty days may be dropped from the rolls without prior notice which shall take effect immediately.
Under Section 110, Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), however, when a government employee is dropped from the rolls, the same shall not result in the forfeiture of any benefits or disqualification from employment in government.
The OCA, thus, made the following recommendation: 4
1. The name of Florinda A. Machado, Court Interpreter III, Branch 17, Regional Trial Court, Zamboanga City, be dropped from the rolls effective July 2, 2018 for having been on absence without official leave. However, she is still qualified to receive the benefits she may be entitled to under existing laws and may still be reemployed in the government;
2. Her position be declared vacant; and
3. She be informed of her separation from the service or dropping from the rolls at her last known address on record in #262 Logoy, Diutay, Talon-talon, Zamboanga City.
Ruling
The Court adopts the findings of fact, conclusions of law, and recommendation of the Office of the Court Administrator in the Report 5 dated March 8, 2019. CAIHTE
Court Interpreter Machado has been absent from work without duly approved leave of absence since July 2018. Nothing has since been heard from her. She has also since failed to submit her daily time records.
Verily, Machado violated OCA Circular No. 07-2013 6 requiring court personnel to accomplish their daily time records and bundy cards by the end of each month, indicating therein the time of their arrival and departure from office.
Too, by incurring absences without leave (AWOL) continuously since July 2, 2018, Machado violated Section 107, a-1 Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service, viz.:
a. Absence without Approved Leave
1. An official or employee who is 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.
He shall, however, have the right to appeal his/her separation within fifteen days from receipt of notice of separation which must be sent to his/her last known address. x x x.
WHEREFORE, the name of Florinda A. Machado is ordered DROPPED FROM THE ROLLS effective July 2, 2018. Her position is declared VACANT. aScITE
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. OCA Circular No. 07-2013, January 16, 2013. Timely Submission of Certificates of Service of Judges and Daily Time Records (DTRs)/Bundy Cards of Personnel of the Lower Courts.
2. Signed by Court Administrator Jose Midas P. Marquez, Deputy Court Administrator Leo T. Madrazo, and OCA Chief of Office, Office of Administrative Services Caridad A. Pabello.
3. a. Absence without Approved Leave
1. An official or employee who is 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.
He/she shall, however, have the right to appeal his/her separation within fifteen (15) days from receipt of the notice of separation which must be sent to his/her last known address. x x x.
4. OCA Recommendation, March 8, 2019.
5. Signed by Court Administrator Jose Midas P. Marquez, Deputy Court Administrator Leo T. Madrazo, and OCA Chief Officer-Office of Administrative Services Caridad A. Pabello.
6. OCA Circular No. 07-2013 states that:
All judges and personnel of the lower courts are hereby ENJOINED to strictly observe the following guidelines in the submission of the Certificates of Service of judges and Daily Time Records (DTRs)/Bundy Cards of personnel of the lower courts, viz.:
1. After the end of each month, every personnel of the lower courts shall accomplish the DTRs (Civil Service Form No. 48)/Bundy Cards, indicating therein truthfully and accurately the time of arrival in and departure from the office.
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