Philippine Supreme Court Resolutions > Year 2010 > November 2010 Resolutions > [A.M. No. 09-1-48-RTC : November 24, 2010] DROPPING FROM THE ROLLS OF MR. DOMINGO T. VERDADERO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 28, NAGA CITY. :

Please take notice that the Court, Third Division, issued a Resolution dated 24 November 2010, which reads as follows:

A.M. No. 09-1-48-RTC - Dropping from the Rolls of Mr. Domingo T. Verdadero, Sheriff IV, Regional Trial Court, Branch 28, Naga City. 

R E S O L U T I O N

In a Report dated March 2, 2009, the Office of the Court Administrator (OCA) reported that Sheriff IV Domingo T. Verdadero (Verdadero) of the Regional Trial Court (RTC), Branch 28, Naga City, has not submitted his bundy cards since September 2007 nor has he filed an application for leave of absence.

On February 4, 2008, the Employees Leave Division of the Office of Administrative Services, OCA, sent Verdadero a telegram requiring him to submit his bundy cards which have not been submitted since September 2007. Verdadero failed to comply.

In a Report dated January 22, 2009, the OCA recommended that Verdadero be dropped from the rolls and his position be declared vacant. The Court approved the OCA's recommendation, and in a Resolution dated March 2, 2009, Verdadero was dropped from the rolls and his position was declared vacant.

In a letter dated February 10, 2010, Verdadero asks for reconsideration of the Resolution of March 2, 2009 and prays that he be allowed to file an optional retirement instead of being dropped from the service to enable him to enjoy "the fruits of my years of dedication to my job." He claims that he had previously signified his intention to retire but he was not able to submit the necessary papers because of health problems. He submitted medical certifications in support of his allegations.

The OCA has valid ground in recommending that Verdadero be dropped from the rolls. Under Section 2.2.1, Rule XII, Omnibus Rules on Leave, "An officer or an employee who is continuously absent without approved leave (AWOL) for at least thirty (30) calendar days shall be separated from the service or dropped from thej rolls without prior notice." Clearly, Verdadero has violated this rule. He has been on AWOL since September 2007. He has not filed his bundy cards nor has he applied for leave of absence despite having been required by the Court and repeatedly warned by his superiors in the RTC of administration sanctions.

Verdadero blames his health problems and submits medical certifications to justify his absences. However, a perusal of the medical certificates shows that his health problems worsened only in 2008, having been hospitalized on March 27, 2008 to March 30, 2008, March 24, 2009 to April 27, 2009, and June 5, 2009 to June 12, 2009.

With respect to his request to be allowed to file an optional retirement, Section 2.2.6, Rule XII, Omnibus Rules on Leave provides that dropping from the rolls as a mode of separation from the service is "non-disciplinary in nature and shall not result in the forfeiture of any benefits on the part of the official or employee nor in disqualifying him from employment in the government." Hence, Verdadero may still claim whatever benefits he is entitled to and need not apply for optional retirement if his intention is merely to secure his accrued benefits.

SO ORDERED.