Philippine Supreme Court Resolutions > Year 2009 > December 2009 Resolutions > [A.M. No. P-05-2024 : December 15, 2009] OFFICE OF THE COURT ADMINISTRATOR V. GREGORIO B. FARAON, ADMINISTRATIVE OFFICER IV, RTC, OCC, MANILA:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated December 15, 2009

"A.M. No. P-05-2024 (Office of the Court Administrator v. Gregorio B. Faraon, Administrative Officer IV, RTC, OCC, Manila).


This case was initially one for dismissal due to respondent Gregorio B. Faraon's absence without leave from June to December 2004, he having continuously failed despite demand to submit his Daily Time Record (DTR)/Bundy Card for that period. Threatened with dismissal he eventually submitted the documents required of him which showed habitual absenteeism and tardiness. Consequently, the Court ordered the re-docketing of the matter as a regular administrative case for habitual absenteeism and tardiness, and its referral to the Legal Office of the Office of the Court Administrator (OCA) for appropriate action. After investigation, the OCA recommended that Mr. Faraon be suspended for six months without pay due to frequent absenteeism and tardiness and for violation of the Omnibus Rules of Leave and reasonable rules and regulations. Also, he should be directed to submit his verified DTRs/Bundy Cards to the Leave Division, Office of Administrative Services of the OCA (OAS-OCA) within 10 days from receipt of the Court's Resolution to enable said office to accurately compute his attendance.

This Court finds the recommendation proper under the circumstances. An officer or employee in the civil service is considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least three months in a semester or at least three consecutive months during the year. To be considered habitually tardy, an employee must have incurred tardiness, regardless of the number of minutes, 10 times for at least two months in a semester or at least two consecutive months during the year. Here, Mr. Faraon has incurred enough absences and tardiness to be considered as habitually absent and tardy.

Likewise, Mr. Faraon is guilty of violating reasonable office rules and regulations for refusing to submit his DTRs/Bundy Cards when the OAS-OCA instructed him to do so. He had been in the government service long enough to know that submission of the DTRs/Bundy Cards is required of all court employees. He also failed to comply when a warning letter required him to explain in writing his unauthorized absences.

Under Section 23 (q), Rule XIV of the Omnibus Civil Service Rules and Regulations, frequent unauthorized absences or tardiness in reporting for work is punishable by suspension for six months and one day to one year on first offense.

WHEREFORE, Mr. Faraon is hereby SUSPENDED for six months without pay due to frequent absenteeism and tardiness and for violation of the Omnibus Rules of Leave and reasonable rules and regulations. Also, he is directed to submit his verified DTRs/Bundy Cards to the Leave Division, Office of Administrative Services of the Office of the Court Administrator within 10 days from receipt of the Court's Resolution."