SECOND DIVISION
[A.M. No. 16-02-40-RTC. October 5, 2016.]
RE: DROPPING FROM THE ROLLS OF MS. JOCELYN G. OGAYON, ADMINISTRATIVE OFFICER I, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, PASAY CITY
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 October 2016 which reads as follows:
"A.M. No. 16-02-40-RTC: RE: DROPPING FROM THE ROLLS OF MS. JOCELYN G. OGAYON, ADMINISTRATIVE OFFICER I, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, PASAY CITY
This resolves a letter 1 from Atty. Marivic S. Tibayan (Atty. Tibayan), Clerk of Court VI of the Regional Trial Court of Pasay City, writing on behalf of Jocelyn G. Ogayon (Ogayon). Atty. Tibayan asks this Court to reconsider its April 6, 2016 Resolution 2 in view of the Third Division's April 11, 2016 Resolution 3 approving Ogayon's application for disability retirement.
On February 2, 2016, the Office of the Court Administrator submitted to this Court its Report 4 stating that according to the records of the Employees' Leave Division of the Office of the Administrative Services, Jocelyn G. Ogayon, Administrative Officer I, Office of the Clerk of Court of the Regional Trial Court of Pasay City, had not submitted her monthly Daily Time Records since June 2015 and had not submitted any application for leave. 5
The Office of the Court Administrator further reported that it sent letters, all dated October 26, 2016, to Ogayon at her last known home address on record and at her court station coursed through Presiding Judge Racquelen Abary-Vasquez. Ogayon was directed to submit her lacking Daily Time Records from June 1, 2015, with a warning that continued non-compliance would constrain the office to recommend her dropping from the rolls. 6
Ogayon failed to submit the required Daily Time Records or submit an explanation for her unauthorized absences. Hence, the Office of the Court Administrator recommended that she be dropped from the rolls under Rule IX, Section 63 of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, Series of 2007. 7
This Court, acting favorably on the Office of the Court Administrator's recommendation, issued the Resolution 8 dated April 6, 2016, dropping Ogayon from the rolls and considering her position vacant.
However, this Court received a letter 9 from Atty. Tibayan, Clerk of Court VI of the Regional Trial Court of Pasay City, writing on behalf of Ogayon.
Atty. Tibayan states that Ogayon suffered from a stroke on November 21, 2014 and was on sick leave from December 2014 to May 2015. 10 When Ogayon's leave credits expired on June 2015, Atty. Tibayan advised her to file an application for disability retirement. 11 However, the application was only filed on July 3, 2015. 12 Atty. Tibayan further reports that she sent the Office of Administrative Services a letter dated October 26, 2015 informing it of Ogayon's application for disability retirement. 13
Atty. Tibayan also attached for reference the Resolution 14 dated April 11, 2016 of this Court's Third Division granting Ogayon's application for disability retirement. AcICHD
The Office of the Court Administrator's Report dated February 2, 2016 submitted to this Court's Second Division corroborates Atty. Tibayan's statement that she sent a letter to the Office of the Court Administrator dated October 26, 2015 informing them of Ogayon's application for disability retirement. 15 The Report, however, states that upon verification, Ogayon did not file an application:
On November 2, 2015, the E[mployees'] L[eave] D[ivision], O[ffice] [of] A[dministrative] S[ervices], O[ffice] [of the] C[ourt] [Administrator], received a letter dated October 26, 2015 from Atty. Marivic S. Tibayan, Clerk of Court VI, O[ffice] [of the] C[lerk] [of] C[ourt], R[egional] T[rial] C[ourt], Pasay City informing this office that Ms. Ogayon filed on July 3, 2015 an application for disability retirement effective July 1, 2015 due to stroke she suffered last November 21, 2014. However, verification from the Employees' Welfare and Benefits Division (EWD), O[ffice] [of] A[dministrative] S[ervices], O[ffice] [of the] C[ourt] A[dministrator] reveals that Ms. Ogayon did not apply for disability retirement (Annex A). 16
Based on this February 2, 2016 Report by the Office of the Court Administrator, this Court's Second Division issued its April 6, 2016 Resolution dropping Ogayon from the rolls.
It appears, however, that the Office of the Court Administrator submitted to this Court's Third Division a Report dated February 17, 2016 stating that Ogayon had filed an application for disability retirement effective July 1, 2015. 17 On the basis of the February 17, 2016 Report, this Court's Third Division issued the Resolution 18 dated April 11, 2016 approving her application. The dispositive portion of the Resolution states:
ACCORDINGLY, the Court, upon the recommendation of the OCA, resolves to APPROVE the application for disability retirement under Sec. 16(a) of R.A. No. 8291, filed by Jocelyn G. Ogayon (Administrative Officer I, Office of the Clerk of Court, Regional Trial Court, Pasay City) effective July 1, 2015, considering that her medical condition falls within the classification of Permanent Total Disability, subject to the usual clearance requirements. 19 (Emphasis in the original)
WHEREFORE, in view of the conflicting Resolution dated April 11, 2016 of this Court's Third Division, the Resolution dated April 6, 2016 is REVERSED and SET ASIDE. Jocelyn G. Ogayon, Administrative Officer I, Office of the Clerk of Court, Regional Trial Court of Pasay City, is considered RETIRED FROM SERVICE effective July 1, 2015, subject to the usual clearance requirements.
SO ORDERED.(Brion, J., on leave.)" TAIaHE
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Rollo, pp. 17-18.
2. Id. at 13-15.
3. Id. at 25-26.
4. Id. at 1-3.
5. Id. at 1.
6. Id.
7. Id. at 2-3.
8. Id. at 13-15.
9. Id. at 17-18.
10. Id. at 17.
11. Id.
12. Id.
13. Id.
14. Id. at 25-26.
15. Id. at 1.
16. Id. at 1.
17. Id. at 25.
18. Id. at 25-26.
19. Id. at 25.