FIRST DIVISION
[A.M. No. 19-06-154-RTC. July 30, 2019.]
RE: DROPPING FROM THE ROLLS OF SALOME A. MONTEZON, STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 7, TACLOBAN CITY, LEYTE
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 30, 2019which reads as follows:
"A.M. No. 19-06-154-RTC(Re: Dropping from the Rolls of Salome A. Montezon, Stenographer III, Regional Trial Court, Branch 7, Tacloban City, Leyte)
The records of the Employees' Leave Division, Office of Administrative Services (OAS), Office of the Court Administrator (OCA), show that Salome A. Montezon (Montezon), Court Stenographer III, Regional Trial Court of Tacloban City, Leyte, Branch 7 (RTC), did not submit her Daily Time Records (DTRs) from April 2018 up to the present time. Thus, she has been absent without official leave (AWOL) since April 1, 2018.
In a Letter 1 dated May 2, 2018, Acting Presiding Judge Georgina Uy Perez of the same court informed the OCA of Montezon's intention to optionally retire from government service effective April 16, 2018. The RTC's Branch Clerk of Court, Atty. Regina Paredes-Elizarde, also furnished the OCA a copy of the Letter 2 dated April 10, 2018, reminding Montezon to submit the required DTR and application for leave with supporting documents, and a letter indicating her intention to avail of the early retirement option.
To date, Montezon has not reported for work.
Verification from the Employees' Welfare and Benefits Division (EWBD), OAS, OCA, discloses that she has filed an application for optional retirement effective April 1, 2018, but has not complied with the directive to submit the documents and other requirements necessary for the processing of her application. According to the RTC Personnel Division of the EWBD, Montezon is in the personnel plantilla and is, therefore, considered in active service. The records of the Docket and Clearance Division, Legal Office, OCA, on the other hand, reveal that there is a pending administrative case against Montezon, docketed as OCA IPI No. 18-4808-P. Based on the records of the Court Management Office, OCA, she is not an accountable officer. 3
OCA Recommendation
In its May 27, 2019 Report, 4 the OCA recommended that Montezon be dropped from the rolls effective April 1, 2018, for having been continuously AWOL for at least thirty (30) days; that her position be declared vacant; and that she be informed of her separation from the service or dropping from the rolls at her last known address appearing in her 201 file, Barangay Pawing, Palo, Leyte. It added, however, that she would still be qualified to receive the benefits she is entitled to under the existing laws and to be re-employed in the government.
The Court's Ruling
The Court adopts the findings and recommendation of the OCA.
Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Civil Service Commission Memorandum Circular No. 13 S. 2007, provides:
Sec. 63. 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. x x x
It is clear that the prolonged unauthorized absence of at least thirty (30) working days causes inefficiency in the public service. 5 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. 6
By going on AWOL, Montezon grossly disregarded and neglected the duties of her office. She failed to adhere to the high standards of public accountability imposed on all those in the government service. 7
WHEREFORE, Salome A. Montezon is hereby DROPPED from the rolls effective April 1, 2018, for having been absent without official leave, and her position is DECLARED VACANT. She is, however, qualified to receive the benefits she may be entitled to under existing laws and may be re-employed in the government without prejudice to the outcome of her pending administrative case.
Let a copy of this Resolution be served upon her at Barangay Pawing, Palo, Leyte, pursuant to Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Civil Service Commission Memorandum Circular No. 13 S. 2007.
SO ORDERED." Inting, J.,designated additional member per Special Order No. 2684 dated July 29, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 3-4.
2.Id. at 5-6.
3.Id. at 1.
4.Id. at 1-2.
5. See Judge Florendo v. Cadano, 510 Phil. 230, 235 (2005).
6.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).
7.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).