SECOND DIVISION
[A.M. No. 16-04-87-RTC. June 20, 2016.]
RE: DROPPING FROM THE ROLLS OF REGIE S. DE GUZMAN, UTILITY WORKER 1, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, MAKATI CITY
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 20 June 2016which reads as follows:
"A.M. No. 16-04-87-RTC — (Re: Dropping from the Rolls of Regie S. De Guzman, Utility Worker 1, Office of the Clerk of Court, Regional Trial Court, Makati City)
The records of the Employees' Leave Division (ELD), Office of Administrative Services (OAS), Office of the Court Administrator (OCA), show that Regie S. De Guzman (De Guzman), Utility Worker 1, Office of the Clerk of Court, Regional Trial Court, Makati City, failed to submit his Daily Time Record (DTR) from July 2015 and the months thereafter. Thus, he has been absent without official leave since July 1, 2015.
On November 5, 2015, the ELD, OAS, OCA, received a letter 1 from the Regional Trial Court of Makati, informing it that De Guzman had been absent without leave from his office since June 8, 2015. De Guzman was not included among the personnel who submitted their certificate of service, DTR and leave applications for the month of October 2015. The salaries and other benefits of De Guzman were withheld pursuant to Memorandum WSB No. 12b-2015, 2 dated December 9, 2015.
To date, De Guzman has not reported for work.
Verification from the Employees' Welfare and Benefits Division (EWBD), OAS, OCA discloses that De Guzman has not filed an application for optional retirement. According to the Personnel Division of the same office, he is still in active service. The records of the Docket and Clearance Division, Legal Office, OCA, on the other hand, reveal that there was no pending administrative case against him. Based on the records of the Court Management Office, OCA, he is not an accountable officer.
OCA Recommendation
In its Report, 3 dated March 31, 2016, the OCA recommended that De Guzman be dropped from the rolls effective July 1, 2015, for having been on absence without official leave; that his position be declared vacant; and that he be informed of his separation from the service or dropping from the rolls at his last known address at 848 Mangino, Gapan City, Nueva Ecija, the last known address appearing in his 201 File. It added, however, that he would still be qualified to receive the benefits he was entitled to under the existing laws and to be reemployed in the government.
The Court's Ruling
The Court agrees with the recommendation of the OCA.
Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13 S. 2007, provides:
Effect of Absence Without Approved Official Leave — An official or an employee who is continuously absent without an 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. . . . .
It is clear that the prolonged unauthorized absence of De Guzman causes inefficiency in the public service. 4 It should be remembered that the conduct and behavior of all court personnel are circumscribed with a heavy responsibility. Any act or omission on the part of all those involved in the administration of justice, which would violate the norm of public accountability and diminish or tend to diminish the faith of the people in the Judiciary, cannot be countenanced. 5
By going on AWOL, De Guzman grossly disregarded and neglected the duties of his office. He failed to adhere to the high standards of public accountability imposed on all those in the government service. 6
WHEREFORE, Regie S. De Guzman, Utility Worker 1, Office of the Clerk of Court, Regional Trial Court, Makati City, is hereby DROPPED from the rolls effective July 1, 2015 and his position is DECLARED VACANT. He is, however, still qualified to receive the benefits he may be entitled to under existing laws and may still be reemployed in the government.
Let a copy of this resolution be served upon him at his address appearing in his 201 file pursuant to Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended.
SO ORDERED. (Del Castillo, J., on official leave)"
Very truly yours,
MA. LOURDES C. PERFECTO
Division Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Rollo, pp. 3-5.
2. Id. at 8-9.
3. Id. at 1-2.
4. Judge Florendo v. Cadano, 510 Phil. 230, 235 (2005).
5. Re: Absence Without Official Leave (AWOL) of Atty. Marilyn B. Joyas, Clerk of Court V, Regional Trial Court of Manila, Branch 16, 555 Phil. 737, 740 (2007).
6. Re: Dropping from the Rolls of Cornelio Reniette Cabrera, Utility Worker I, Municipal Trial Court in Cities, Branch 1, Lipa City, 669 Phil. 142, 146 (2011).