Philippine Supreme Court Resolutions > Year 2012 > March 2012 Resolutions > [A.M. No. P-11-2906 (Formerly OCA-I.P.I. No. 10-3440-P) : March 05, 2012] LEAVE DIVISION, OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR v. CESAR V. ACANCE, RECORDS OFFICER I, METROPOLITAN TRIAL COURT-OFFICE OF THE CLERK OF COURT, QUEZON CITY :

Please take notice that the Court, Third Division, issued a Resolution dated 05 March 2012, which reads as follows:cralaw

A.M. No. P-11-2906 [Formerly OCA-I.P.I. No. 10-3440-P] (Leave Division, Office of Administrative Services, Office of the Court Administrator v. Cesar V. Acance, Records Officer I, Metropolitan Trial Court-Office of the Clerk of Court, Quezon City).

RESOLUTION 

The Court, in its Resolution of May 30, 2011, found respondent Cesar V. Acance (Acance) guilty of habitual tardiness and admonished him for such infraction. The dispositive portion of it reads thus: 

WHEREFORE, the Court ADMONISHES respondent Cesar V. Acance, xxx, for habitual tardiness and WARNS him that, unless he gets special permission to go for required medical treatment, a repetition of the same offense will warrant the imposition of a more severe penalty. (Emphasis supplied)

In his letter dated July 4, 2011, Acance appealed for Court's compassion to allow him to undergo the required kidney dialysis treatment for at least twice a week. He lamented that the medical treatment procedure that he has been undergoing for years has caused him so much financial burden aside from it being physically exhausting. He just relies on his meager salary and allowance as Records Officer in order to sustain the medical treatment.

While the Court commiserates with Acance's present condition, it cannot however grant his request for special permission outside the permissible leaves allowed by the rules to undergo the required medical treatment. Rule XVI of the Omnibus Rules, Implementing Book V of E.O. 292 provides: 

Sec. 53. Application for sick leave - All applications for sick leave of absence for one full day or more shall be made on the prescribed form and shall be filed immediately upon employee's return from such leave. Notice of absence, however, should be sent to the immediate supervisor and/or to the agency head. Application for sick leave in excess of five (5) successive days shall be accompanied by a proper medical certificate. 

Sick leave may be applied for in advance in cases where the official or employee will undergo medical examination or operation or advised to rest in view of ill health duly supported by a medical certificate.

The resolution of May 30, 2011 simply allows him to get special permission to go for required medical treatment outside of the usual filing of leave in case absences are incurred. Acance can apply in advance for his expected weekly treatment, chargeable to his sick leave credits. He may use his remaining vacation leave credits when his sick leaves have been exhausted. However, all absences of an official or employee in excess of his accumulated vacation or sick leave credits earned shall be without pay.^[1]  In addition, leave without pay should not exceed one year, and exceeding one month of it shall require clearance of the department or agency head.^[2]cralaw

In view of the foregoing, the Court ENJOINS Acance to apply for leave as stated above covering his regular weekly treatment.

SO ORDERED.

Very truly yours,

  (Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court

Endnotes:

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^[1] Section 56 of the Omnibus Rules on Leave.

^[2] Id.