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[A.M. No. 01-3-112-RTC.March 26, 2001]

RE: AWOL OF MR. CAPIN

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 26 2001.

A.M. No. 01-3-112-RTC(Re: Absence Without Official Leave Of Mr. Roel O. Capin, Process Server, RTC, Branch 6, Cebu City.)

Considering the absence without official leave (AWOL) of Process Server Roel O. Capin of the RTC, Branch 6, Cebu City, since 1 April 1996 and his failure to reply to the letters of the Office of the Court Administrator (OCA) requesting him to submit his Daily Time Records, the letter to OCA of Presiding Judge Loreto D. dela Victoria informing that Mr. Capin intermittently reported for work notwithstanding his AWOL and that investigation was ongoing regarding the complaint of a certain Ms. Roxanne Bayking against Mr. Capin for extortion, with attached copies of his memorandum to Mr. Capin on the matter of his AWOL and Ms. Bayking's affidavit-complaint, the reply of Mr. Capin to Judge dela Victoria's memorandum denying the allegations of the complaint; and it appearing that OCA has not received any report from Judge dela Victoria on the resolution of the investigation on the charges against Mr. Capin, and that although Mr. Capin has not opted for resignation, his deliberate absence without filing the necessary application for leave shows his intent to be separated from the service, the Court RESOLVES, upon recommendation of Acting Court Administrator Zenaida N. Elepa�o in her Report dated 27 February 2001 holding that the provision of Section 1, Rule XII of the Revised Omnibus Rules on Appointment and other personnel action may by analogy be applied to Mr. Capin's situation, it being a remedy given to an office or agency in order to prevent hampering its functions by reason of the AWOL of an employee, to: (a) DROP Mr. Roel O. Capin from the service effective April 1996; (b) WITHHOLD all benefits to which Mr. Capin may be entitled; and (c) DIRECT Judge dela Victoria to conclude his investigation and submit his recommendation on the administrative complaint against Mr. Capin within thirty (30) days from notice.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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