December 2008 - Philippine Supreme Court Resolutions
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[A.M. No. 7-11-306-MCTC : December 15, 2008] RE: ABSENCE WITHOUT OFFICIAL LEAVE [AWOL] OF MS. CATHERINE S. RENIEDO, INTERPRETER, 4TH MUNICIPAL CIRCUIT TRIAL COURT, SIASI, SULU :
[A.M. No. 7-11-306-MCTC : December 15, 2008]
RE: ABSENCE WITHOUT OFFICIAL LEAVE [AWOL] OF MS. CATHERINE S. RENIEDO, INTERPRETER, 4TH MUNICIPAL CIRCUIT TRIAL COURT, SIASI, SULU
Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of this Court dated 15 December 2008:
RESOLUTION. A.M. No. 7-11-306-MCTC (Re: Absence Without Official Leave [AWOL] of Ms. Catherine S. Reniedo, Interpreter, 4th Municipal Circuit Trial Court, Siasi, Sulu). �In this resolution, We address the unauthorized absences of Catherine S. Reniedo, Interpreter, 4th Municipal Circuit Trial Court (MCTC), Siasi, Sulu. The matter was brought to the attention"of this Court through a letter from Noraisa S. De Leon, Clerk of Court II, of the same court.
The antecedent facts:
On March 13, 2001, Catherine's request for temporary detail to Regional Trial Court, Branch 14, Zamboanga City, for a period of one year effective September 17, 2001 was approved by this Court.[1] Upon the expiration of the period, she failed to report back to her official station in the 4th MCTC, in Siasi, Sulu.
On February 10, 2004,[2] she was ordered to report to Siasi, Sulu and explain her failure to report back despite the expiration of her one year detail order on September 16, 2002. In- a letter dated April 1, 2004,3 she apologized for her omission. She informed the Court that she was still on sick leave, hence, could not yet report at Siasi.
Records of the Employee Leave Division show that she continuously reported to RTC, Branch 14, Zamboanga City until March 17, 2004 as evidenced by her accomplished Daily Time Records (DTR). From March 18 to April 4, 2004, [3]she was on approved sick leave. She, however, has not filed any DTR or leave application after the expiration of her sick leave.[4] Thus, she has been on AWOL since April 5, 2004. ;
Consequently, her salaries and other benefits were withheld by the Office of the Court Administrator (OCA).[5] The OCA now presents for Our approval its recommendation that respondent be dropped from the rolls for having been on absence without office leave (AWOL).
We sustain the recommendation.
Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended, provides:
It is clear from the records that respondent failed to report back to her official station after her temporary detail at Zamboanga City; that she has been on AWOL for at least, nay, more than thirty working days since April 5, 2004. Evidently, there is justifiable ground to drop her from the rolls.
Any public servant who falls short of the exacting standards of public service, especially on the part of those expected to preserve the image of the judiciary, cannot be allowed to stay in the service. Public office is a public trust. Public officers must at all times be accountable to the people, serve them with utmost degree, of responsibility, integrity, loyalty and efficiency.[7] Respondent's absence without official leave is an irresponsible omission. This should-not be tolerated.
WHEREFORE, Catherine S. Reniedo, Interpreter, 4th Municipal Circuit Trial Court, Siasi, Sulu, is DROPPED FROM THE ROLLS and her position DECLARED VACANT. Let a copy of this decision be served upon her at the address appearing on her 201 files pursuant to Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended.
SO ORDERED.
RESOLUTION. A.M. No. 7-11-306-MCTC (Re: Absence Without Official Leave [AWOL] of Ms. Catherine S. Reniedo, Interpreter, 4th Municipal Circuit Trial Court, Siasi, Sulu). �In this resolution, We address the unauthorized absences of Catherine S. Reniedo, Interpreter, 4th Municipal Circuit Trial Court (MCTC), Siasi, Sulu. The matter was brought to the attention"of this Court through a letter from Noraisa S. De Leon, Clerk of Court II, of the same court.
The antecedent facts:
On March 13, 2001, Catherine's request for temporary detail to Regional Trial Court, Branch 14, Zamboanga City, for a period of one year effective September 17, 2001 was approved by this Court.[1] Upon the expiration of the period, she failed to report back to her official station in the 4th MCTC, in Siasi, Sulu.
On February 10, 2004,[2] she was ordered to report to Siasi, Sulu and explain her failure to report back despite the expiration of her one year detail order on September 16, 2002. In- a letter dated April 1, 2004,3 she apologized for her omission. She informed the Court that she was still on sick leave, hence, could not yet report at Siasi.
Records of the Employee Leave Division show that she continuously reported to RTC, Branch 14, Zamboanga City until March 17, 2004 as evidenced by her accomplished Daily Time Records (DTR). From March 18 to April 4, 2004, [3]she was on approved sick leave. She, however, has not filed any DTR or leave application after the expiration of her sick leave.[4] Thus, she has been on AWOL since April 5, 2004. ;
Consequently, her salaries and other benefits were withheld by the Office of the Court Administrator (OCA).[5] The OCA now presents for Our approval its recommendation that respondent be dropped from the rolls for having been on absence without office leave (AWOL).
In view of the foregoing, (it is) respectfully submitted for the consideration of the Honorable Court are our recommendations that: (1) the name of Ms. Catherine S. Reniedo be DROPPED FROM THE ROLLS effective April 8, 2004 for having been on absence without official leave (AWOL); (2) her position be declared VACANT; and
(3) she be INFORMED of her separation from the service or dropping from the rolls at the address appearing on her 201 files, that is, at #19-S Bulahan Drive, San Jose, Zamboanga City.[6]
We sustain the recommendation.
Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended, provides:
Sec. 63. Effect of absences without approved leave. - 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 form the rolls without prior notice. However, when it is clear under the obtaining circumstances that the 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 part to report for work within the period stated in the Order shall be a valid ground to drop him from the rolls.
It is clear from the records that respondent failed to report back to her official station after her temporary detail at Zamboanga City; that she has been on AWOL for at least, nay, more than thirty working days since April 5, 2004. Evidently, there is justifiable ground to drop her from the rolls.
Any public servant who falls short of the exacting standards of public service, especially on the part of those expected to preserve the image of the judiciary, cannot be allowed to stay in the service. Public office is a public trust. Public officers must at all times be accountable to the people, serve them with utmost degree, of responsibility, integrity, loyalty and efficiency.[7] Respondent's absence without official leave is an irresponsible omission. This should-not be tolerated.
WHEREFORE, Catherine S. Reniedo, Interpreter, 4th Municipal Circuit Trial Court, Siasi, Sulu, is DROPPED FROM THE ROLLS and her position DECLARED VACANT. Let a copy of this decision be served upon her at the address appearing on her 201 files pursuant to Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended.
SO ORDERED.
Very truly yours,
LUCITA ABJELINA-SORIANO
Clerk of Court
By:
(Sgd.) WILFREDO V. LAPITAN
Asst. Clerk of Court
LUCITA ABJELINA-SORIANO
Clerk of Court
By:
(Sgd.) WILFREDO V. LAPITAN
Asst. Clerk of Court
Endnotes:
[1] Rollo, p. 1.
[2] Id. at 6. Supreme Court En Banc Resolution.
[3 ] Id. at 1 .
[4] Id.
[5] Memorandum dated October 16, 2007, p. 1.
[6] Rollo, p. 2.
[7] Re: Absence Without Official Leave (A WOL) of Mr. Bernardo Conde, Clerk III, Metropolitan Trial Court - Office of the Clerk of Court, Mandaluyong City, A.M. No. 05-8-226-MeTC January 27 2006 480 SCRA 223.
