FIRST DIVISION
[A.M. No. 19-06-139-RTC. July 30, 2019.]
RE: DROPPING FROM THE ROLLS OF MR. YEVGENY DY TAN, CLERK III, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, MANILA)
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 30, 2019which reads as follows:
"A.M. No. 19-06-139-RTC(Re: Dropping from the Rolls of Mr. Yevgeny Dy Tan, Clerk III, Office of the Clerk of Court, Regional Trial Court, Manila)
Before this Court is an Administrative Matter 1 against Yevgeny Dy Tan (Tan), Clerk III, Office of the Clerk of Court, Regional Trial Court of Manila (RTC). The Office of the Court Administrator (OCA) recommended that the name of Tan be dropped from the rolls and his position be declared vacant in accordance with Section 107, a-1, Rule 20 of the Rules on Administrative Cases in the Civil Service (2017 RACCS), considering that he had been continuously absent for more than thirty (30) days without official leave (AWOL).
The records of the Employees' Leave Division, Office of the Administrative Services (OAS), OCA, reveal that Tan failed to submit his Daily Time Records (DTRs) since June 1, 2018 up to the present. Tan has no approved leave for the said period; neither has he submitted any application for leave of absence. 2 The salaries and other benefits of Tan were withheld pursuant to Memorandum WSB No. 1B-2019 dated January 11, 2019.
Verification from the Employees' Welfare and Benefits Division, OAS, OCA, indicates that Tan has not filed an application for retirement. According to the RTC Personnel Division of the same office, he 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, show that there is no pending administrative case against Tan. Based on the records of the Court Management Office, OCA, he is not an accountable officer.
Significantly, under Section 110, Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service, dropping from the rolls as a mode of separation from the service is non-disciplinary in nature and shall not result in the forfeiture of any benefit on the part of the official or employee or in disqualification from re-employment in the government. 3
OCA Recommendation
In its June 6, 2019 4 Report and Recommendation, the OCA recommended that:
(1) the name of Mr. Yevgeny Dy Tan, Clerk III, Office of the Clerk of Court, Regional Trial Court, Manila, be DROPPED FROM THE ROLLS effective June 2018 for having been continuously absent without official leave (AWOL) for at least thirty (30) days in accordance with Section 107, a-1, Rule 20 on Administrative Cases in the Civil Service (2017 RACCS). However, he is still qualified to receive the benefits he may be entitled to under existing laws and may still be re-employed in the government;
(2) his position be declared VACANT; and
(3) he be INFORMED of his separation from the service or dropping from the rolls at the address appearing in his 201 file, that is, at 39E Jacinto St., Magdalena, Laguna. 5
The Court's Ruling
The Court adopts the findings and recommendation of the OCA.
Section 107, a-1, Rule 20 of the 2017 RACCS provides:
SECTION 107. Grounds and Procedure for Dropping from the Rolls. — Officers and employees who are absent without approved leave, have unsatisfactory or poor performance, or have shown to be physically or mentally unfit to perform their duties may be dropped from the rolls within thirty (30) days from the time a ground therefor arises subject to the following procedures:
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. 6 (emphasis supplied)
Here, Tan has been absent without any approved leave since June 1, 2018, up to the present. He did not offer any explanation for his absences and worse, he did not bother to inform the Court of his whereabouts. He merely stopped reporting for work. Considering that the period of his absence without official leave exceeded thirty working days, he should be dropped from the rolls and his position be declared vacant.
The Court succinctly stated in Office of the Court Administrator v. Sarceno7 that "a court employee's absence without leave for a prolonged period of time constitutes conduct prejudicial to the best interest of public service." 8 By the habituality and frequency of his unauthorized absences, Tan did not live up to the degree of accountability, efficiency, and integrity that the Judiciary requires of its officials and employees. 9 It shows his indifference in performing the duties and obligations accompanying his position.
WHEREFORE, the Court hereby ADOPTS the recommendation of the OCA that Yevgeny Dy Tan, Clerk III, Office of the Clerk of Court, RTC, Manila, be DROPPED FROM THE ROLLS effective June 2018, and that his position be DECLARED VACANT. However, he is still qualified to receive the benefits he may be entitled to under existing laws and may still be re-employed in the government.
The OCA is directed to inform Yevgeny Dy Tan of his separation from service or dropping from the rolls at 39E Jacinto St., Magdalena, Laguna, the last known address appearing in his 201 file.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 1-2.
2.Id. at 1.
3.Id.
4.Id. at 1-2.
5.Id. at 2.
6. 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), CSC Resolution No. 1701077, July 3, 2017.
7.Leave Division-O.A.S., Office of the Court Administrator v. Sarceno, 754 Phil. 1 (2015).
8.Id. at 10.
9.Id. at 9.