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SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 6 2004 .

A.M. No. 04-8-407-RTC (Absence Without Leave (AWOL) of Nelson B. Caraga, RTC, Branch 9, Tacloban City.)

In a Telegram dated January 13, 2004,1 the Office of Administrative Services of the Office of the Court Administrator (OAS-OCA) requested Hon. Rogelio C. Secson, Presiding Judge of the Regional Trial Court (RTC), Branch 9, Tacloban City to require Mr. Nelson B. Caraga (Mr. Caraga), Utility Worker I, to submit his Daily Time Records (DTRs) for the months of October to December 2003 or explain why he did not submit the same; otherwise, his salary for those months would be withheld.

Thereafter, the OAS-OCA, through Judge Secson, sent a letter dated February 17, 2004 to Mr. Caraga. The OAS-OCA required him to explain why he went on absence without official leave (AWOL) beginning October 1, 2003. The letter states:

Our records show that you have been continuously absent from Office since October 1, 2003 up to the present without any approved leave of absence, a conduct prejudicial to the best interest of the service and punishable under the Civil Service Law.

You are therefore, required to explain in writing your unauthorized absences, the same to be submitted within five (5) days from receipt hereof, favorably endorsed by your Presiding/Executive Judge, otherwise, this Office will be constrained to recommend that you be dropped from the rolls.2 (Emphasis in the original.)

In the meantime, Judge Secson sent a letter dated January 28, 20043 to the OAS-OCA, informing the said office that Mr. Caraga reported for work for only six (6) days in October 2003,4 did not report at all in November 2003, and reported only once in December 2003, on the 23^rd of that month. Judge Secson likewise stated that on December 23, 2003, Mr. Caraga informed him that he might apply for early retirement due to his recurring kidney trouble.5

Mr. Caraga did not file any explanation for his unauthorized absences. Neither has he applied for early retirement up to the present.

After reviewing the records of Mr. Caraga, the OCA, in its Memorandum dated July 9, 2004, recommended that Mr. Caraga be dropped from the rolls and that his position be declared vacant due to his prolonged and unjustified absence without official leave.6

The Court sustains the recommendation of the OCA.

Except for seven days,7 Mr. Caraga did not report for work from October 2003 up to the present. Neither did he file any application for leave of absence. Furthermore, he failed to explain his prolonged and unauthorized absence from work.

Mr. Caraga's act of going on AWOL undeniably prejudiced public service,8 because during the period of his prolonged and unauthorized absence, his fellow employees in the RTC were constrained to perform his tasks in addition to their respective duties. His utter disregard of his duties as a public servant and as an employee in the Judiciary warrants his dropping from the rolls. The Court has repeatedly held that the conduct and behavior an employee working in an office charged with the dispensation of justice, such as the lower courts, from the presiding judge to the lowest clerk, should be circumscribed with the heavy burden of responsibility,9 for indeed, the image of a court of justice is necessarily mirrored in the conduct of its officials and employees.10 The Court will not countenance any act or omission which diminishes or tends to diminish the faith of the people in the Judiciary.11

Inasmuch as Mr. Caraga has been on prolonged absence save for the seven days that he reported for work,12 without official leave from October 2003 to the present, the Court hereby resolves to drop him from the roll of employees pursuant to Section 63, Rule XVI of the Omnibus Rules on Leave, as amended, which provides:

Effect of absences without approved leave. - An official or an employee who is continuously absent without approved leave for at least thirty 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.

WHEREFORE, respondent Mr. Nelson B. Caraga is hereby DROPPED from the roll of employees and his position is declared VACANT. His salaries and other employee benefits from October 2003 to the present are likewise ordered WITHHELD. He may, however, receive the salary and employee benefits due him, corresponding to the seven days when he reported for duty,13 from October to December 2003, upon his submission of his Daily Time Records for the months of October and December 2003.

Let a copy of this Resolution be served upon the respondent at his address appearing in his 201 files, pursuant to Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court