Philippine Supreme Court Resolutions > Year 2008 > November 2008 Resolutions > [A.M. No. 08-9-539-RTC : November 10, 2008] RE: DROPPING FROM THE ROLLS OF MR. SALVADOR C. MIRANDO, SHERIFF IV, RTC, OCC, SAN ROQUE, IRIGA CITY:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated November 10, 2008.

A.M. No. 08-9-539-RTC (Re: Dropping from the Rolls of Mr. Salvador C. Mirando, Sheriff IV, RTC, OCC, San Roque, Iriga City). This treats of the Report dated 11 September 2008 by the Office of the Court Administrator (OCA), which recommends the dropping from the rolls of Mr. Salvador Mirando, Sheriff IV of the Regional Trial Court (RTC), Office of the Clerk of Court (OCC), San Roque, Iriga City.

According to the records of the Employees Leave Division of the Office of Administrative Services (OAS), Mirando filed an application for sick leave of absence, for period 17 May 2007 to 16 May 2008. Upon the expiration of his sick leave of absence, however, he failed to report back for work. Mirando has reached the one (1) year leave without pay (LWOP) mark on 17 May 2008, which corresponds to the maximum period allowed under the rules on leave of the Civil Service Commission. Mirando has neither reported back for work nor filed any application for disability retirement. The withholding of his salaries and benefits has also been approved by then Court Administrator Zenaida N. Elepa�o upon the recommendation of the OAS in its Memorandum dated 9 November 2007.

The OCA considers Mirando to have violated the Civil Service Rules on Leave. Section 62, Rule XVI of the Omnibus Rules on Leave, as amended by Resolution No. 98-3142 dated 14 December 1998, provides:

Effect of failure to report for duty after expiration of one year leave. � If an official or a employee who is on leave without pay pursuant to Section 57 hereof, fails to report for work at the expiration of one (1) year from the date of such leave, he shall be considered automatically separated from the service.

Likewise, Service 63, as amended by Memorandum Circular No. 18, s. 2007 states:

Effect of absences without approved leave. �An official or an employee who is continuously absent without approved leave for atleast 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. However, when it is clear under the obtaining circumstances that that official or employee concerned has established a scheme to circumvent the rule by incurring substantial absences though less than thirty (30)
working days 3x in a semester, such that a pattern is already apparent, dropping from the rolls without notice may likewise be justified.

If the number of unauthorized absences incurred is less than thirty (30) working days, a written Return-to-Work Order shall be served to him at his last known address on record. Failure on his pat to report for work within the period stated in the Order shall be a valid ground to drop him from the rolls.

The OCA adds that under Rule XII, Sec. 2.2.6 of the Omnibus Rules on Leave, 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 benefits on the part of the official or employee nor in disqualifying him from reemployment in the government."

The OCA, thus, recommends that: (a) the name of Salvador C. Mirando be dropped from the rolls effective 19 May 2008 for having exceeded the one (1) year leave without pay (LWOP) maximum and for having been on absence without official leave (AWOL); (b) his position be declared vacant; and (c) he be informed of his separation from the service or dropping from the rolls at his address appearing in his 201 files.

We find the recommendation of the OCA well taken. It appears that Mirando's absences are on account of his end stage renal disease necessitating twice weekly hemodialysis and not due to any intentional disregard of his duties as a public servant and employee. Inasmuch as Mirando has been on prolonged absence for more than one year (LWOP) and subsequently has been on AWOL, the Court hereby resolves to drop him from the roll of employees pursuant to Section 62 and 63, Rule XVI of the Omnibus Rules on Leave, as amended.

WHEREFORE, Salvador C. Mirando is hereby DROPPED from the roll of employees effective 19 May 2008 and his position is declared VACANT.

Let a copy of this Resolution be served upon him at his address appearing in his 201 files.