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[ A.M. No. 00-3-105-RTC. April 5, 2000]

AWOL OF ALLAN L. FABRO

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 5 2000.

A.M. No. 00-3-105-RTC (Absence Without Official Leave [AWOL] of Allan L. Fabro, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, Manila.)

Allan L. Fabro IV of the Office of the Clerk of Court, Regional Trial Court (RTC) of Manila, began incurring unauthorized absences on August 2, 1999 and has, to the present, failed to report for work.

On November 22, 1999, the Office of the Court Administrator (OCA) directed Judge Rebecca Salvador, Executive Judge of the Regional Trial Court of Manila, to serve on Fabro the corresponding warning letter (Rollo, Annex B). It required Fabro to explain in writing within five (5) days from receipt thereof why he should not be dealt with administratively for his unexplained and continuous absences (Annex C). The letter was received on December 16, 1999. On even date, the OCA directed Fabro's salary to be withheld (Annex A).

To this date, Fabro has neither replied to the warning letter nor has he returned to work after receipt thereof.

On February 22, 2000, the OCA addressed a memorandum to Chief Justice Davide, Jr. recommending that Fabro be dropped from the rolls.

The recommendation of OCA is well taken. Section 63, Rule XVI of the Omnibus Rules on Leave of the Civil Service Commission, as amended by Resolution No. 983142, provides:

An official or an employee who is continuously absent without approved leave for at least thirty (30) calendar 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 of his separation from the service not later than five (5) days from its effectivity.

The Court cannot over-emphasize that the conduct and behavior of everyone connected with an office charged with the dispensation of justice is circumscribed with a heavy burden of responsibility (Quiroz v. Orfila, 272 SCRA 324 [1997]). This Court cannot countenance any act or omission on the part of those involved in the administration of justice which would violate the norm of public accountabilty and diminish or even tend to diminish the faith of the people in the Judiciary. (Re: Teresita Sabido, 242 SCRA 432 [1995])

WHEREFORE, Allan L. Fabro, Sheriff IV, Office of the Clerk of Court, Regional Trial Court of Manila, is DROPPED from the rolls. Let a copy of this resolution be served at the address indicated in his personal file.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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