ChanRobles Virtual law Library

[ A.M. No. 00-3-120-RTC. April 12, 2000]

AWOL OF AVELINA B. CASUGAY, RTC, BR. 81, Q.C.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 12 2000.

A.M. No. 00-3-120-RTC (Absence Without Official Leave [AWOL] of Avelina B. Casugay, Regional Trial Court, Branch 81, Quezon City.)

This concerns the memorandum, dated March 1, 2000, of the Office of the Court Administrator (OCA) on the absence without official leave (AWOL) of Avelina B. Casugay, Court Stenographer III of Regional Trial Court, Branch 81, Quezon City.

According to Atty. Rose Sharon Cordero-Abila, Branch Clerk of Court, Regional Trial Court, Branch 81, Quezon City, Ms. Casugay had been given several memoranda calling attention to her poor attendance record since she assumed office in November 1997. Although her applications for sick leave for the months of March and April 1999 were approved, her application for sick leave for the month of May 1999 was disapproved because of her failure to submit to an examination by the medical officer of the Supreme Court. She was directed on June 30, 1999 by Atty. Cordero-Abila to report for work but she never did. Thus, Ms. Casugay has been on AWOL since May 1, 1999.

On July 2, 1999, the OCA directed Ms. Casugay's salary to be withheld. On July 7, 1999, it sent Ms. Casugay a letter requiring her to explain in writing within five days from receipt thereof why she should not be dropped from the rolls because of her absence without official leave.

In reply, Ms. Casugay wrote a letter, dated August 16, 1999, requesting for time to complete the transcription of several stenographic notes because she intends to apply for early retirement. Asked to comment, Judge Agustin S. Dizon of the Regional Trial Court, Branch 81, Quezon City said that Ms. Casugay's request should be denied in view of her prolonged absence without official leave. The OCA agrees with Judge Dizon and recommends that Ms. Casugay be dropped from the rolls.

The recommendation of the OCA is well taken. Civil Service Commission Resolution No. 98-3142, dated December 14, 1998, as amended by Civil Service Commission Memorandum Circular No. 14, Series of 1999, dated August 23, 1999 provides:

An official or an employee who is continuously absent without 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. He shall, however, be informed at his address appearing on his 201 files or at his last known written address of his separation from the service not later than five (5) days from its effectivity.

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 part to report for work within the period stated in the order shall be a valid ground to drop him from the rolls.

Ms. Casugay has been on AWOL since May 1, 1999 and continues to be absent despite her protestation that she wants to complete the transcription of several stenographic notes before applying for early retirement.

WHEREFORE, Avelina B. Casugay, Court Stenographer III, Regional Trial Court, Branch 81, Quezon City is DROPPED from the rolls. Let a copy of this resolution be served at the address indicated in her personnel file.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE