Philippine Supreme Court Resolutions > Year 2008 > October 2008 Resolutions > [A.M. No. 07-6-272-RTC : October 08, 2008] RE: REPORT DATED 4 OCTOBER 2006 FROM THE LEAVE DIVISION RELATIVE TO THE HABITUAL ABSENTEEISM OF MS. EILEEN MALIKSI, COURT STENOGRAPHER III, RTC, BRANCH 200, LAS PIÑAS CITY :

Quoted hereunder, for your information, is a resolution of this Court dated 08 October 2008:

"A.M. No. 07-6-272-RTC (Re: Report dated 4 October 2006 from the Leave Division relative to the habitual absenteeism of Ms. Eileen Maliksi, Court Stenographer III, RTC, Branch 200, Las Pi�as City)

In a letter July 31, 2006, the Office of Administrative Services- Office of the Court Administrator (OAS-OCA) asked Presiding Judge Leopoldo Baraquia of the Regional Trial Court (RTC), Branch 200 in Las Pi�as City if Eileen Maliksi, Court Stenographer III should be dropped from the rolls for her continued absences since May 2, 2006. In response, Judge Baraquia and Acting Clerk of Court Edward Dela Pisa wrote back that Maliksi was indeed a habitual absentee and had not changed her was despite their repeated reminders to her. As a result of her frequent absences, the two other stenographers had to absorb her workload. Maliksi also had a habit of submitting later her Daily Time Records (DTRs).

As certified to by the Leave Division of the OCA, Maliksi had incurred absences as follows:

Vacation Leave with pay
2005: July 26; August 31 (4-0); September 19(4-0), 23, 26, 27; October 5, 6, 10 (4-0);

and November 22 (4-0), 23(4-00.

2006: January 3(4-0); February 17(-0); May 9, 12, 15; and June 5(4-0), 6(4-0)

Vacation leave without pay
2006: January 11, 14; and August undertime (4 days)

Sick leave with pay
2005: April 7; May 4, 9; June 7, 8, 13-15; August 12, 26, 31(4-0); September 8,

19(4-0); October 4; November 7, 22(4-0); and December 7;

2006: January 2, 3(4-0); February 10; April 27, 28; May 2, 5; June 2; and July 4,

5(4-0).

Sick leave without pay
2005: January 3 to March 31; October 10(4-0), 24; November 23(4-0); and December

16, 22, 23, 28

2006: January 4-6; February 17(4-0) to April 17; May 24, 25, 29-31; June 6, 16, 19;

and July 6(4-0) to 31.

Special Privilege Leave
2005: June 17 and; and September 2

Disapproved
2006: August 3, 4, 9-11, 14, 16-19, 22, 23, 28.^[1]

Despite repeated notices and registered letter as early as July 26, 2006 to comment on the complaint on her absenteeism. Maliksi only complied on July 31, 2008. In her letter, she said that the complaint against her was prompted by the animosity of Dela Pisa towards her and towards the other members of the staff. She averred that she received the telegram informing her of the withholding of her salary in the later part of 2007 and found out that Dela Pisa had not been forwarding her DTRs and leave applications. She admitted her frequent absences and explained that she had a serious family crisis during the times she was absent. She asked for leniency and another chance to reform. Maliksi has been in the service for 10 years.

The is no question under Section 23(q), Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292,^[2] and form the certification of the Leave Division of the OCA, that Maliksi had exceeded the allowable 2.5 days monthly leave credits for at least three (3) months in a semester or at least three (3) consecutive months during the year. She is a habitual absentee. Under the Rules, frequent unauthorized absences from duty during regular office hours shall be punishable by suspension for six (6) months and one (1) day to one (1) year for the first offense, and by dismissal for the second offense.^[3]

In the 2006 case of Escasinas, Jr. v. Lawas herein cited, the respondent in the year 2004 incurred a total of 146.5 absences, 23 of which were unauthorized, and his applications for leave for the months of June and July 2004 were disapproved due to insufficient leave credits. He had a total of 74 days vacation leave without pay and 31.5 days sick leave without pay. For his offense, he was also found guilty of habitual tardiness. Respondent in Escasinas, Jr. was suspended for six (6) months without pay, with warning that subsequent like infractions shall be dealt with more severely.

In this case, for the year 2005, Maliksi incurred a total of 97 days absences of which two days were vacation leaves without pay and four days of undertime, and 65 days of sick leave without pay. In 2006, she had 72 days of absences, 41 days of which were sick leaves without pay. Also in 2006, she had 13 days of disapproved applications for leave for insufficiency of leave credits. The leave Division certified that Maliksi had not been habitually tardy for the year 2005 to the time of the certification.

Considering that her habitual absenteeism had been for a period of two years, but considering also that she had served the judiciary for 10 years and admitted her absences and promised to amend her ways, we find suspension of six (6) months an appropriate sanction for Maliksi.

WHEREFORE, Eileen Rose M. Maliksi, Court Stenographer III of the RTC, Branch 200 Las Pi�as City, is found GUILTY of absenteeism. She is hereby SUSPENDED for a period of six (6) months without pay, with WARNING that subsequent like infractions shall be dealt with more severely.

SO ORDERED.

Endnotes:

---

^[1] Rollo. pp. 6-7.

^[2] Sec. 23(q). [A]n officer or empoyee in the Civil Service shall be considered habitually absent if he incurs unauthorized absesnces exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least (3) months in a semester or at three (3) consecutive months during the year.

^[3] Escasinas, Jr. v. Lawas, A.M. No. P-06-2284. December 19, 2006. 511 SCRA 200.203.