Re: Jacoba
REITERATIONFacts
The Antecedents: Darlene Jacoba, Stenographer III of the Regional Trial Court, Branch 14, Manila, began incurring unauthorized absences on July 1, 1997. The Office of the Court Administrator (OCA) sent a letter dated October 9, 1997, through the presiding judge, Judge Inocencio D. Maliaman, directing Jacoba to explain in writing within five (5) days why she should not be dealt with administratively for conduct prejudicial to the best interest of the service, warning that failure to do so would lead to her being dropped from the roll. Her salaries were simultaneously ordered withheld. Procedural History: Jacoba did not respond to the OCA's letter. A follow-up letter was sent to Judge Maliaman, who was also asked for his recommendation on whether Jacoba should be dropped from the service. Judge Maliaman informed the OCA that Jacoba had been absent since August 7, 1997, and had mentioned filing a resignation letter, which she never did. On December 19, 1997, Judge Maliaman recommended that Jacoba be dropped from the service. The Petition: This administrative matter concerns the absence without leave of Darlene A. Jacoba.
Issue(s)
Whether Darlene A. Jacoba should be dropped from the service for absence without leave.
Ruling
Darlene A. Jacoba, Court Stenographer III, Regional Trial Court, Branch 14, Manila, is hereby DROPPED from the service.
Ratio Decidendi
On Whether Darlene A. Jacoba should be dropped from the service for absence without leave: The Court found no doubt that Jacoba was remiss in her duties as court stenographer, to the detriment of the service. This conduct falls within the purview of Section 35, Rule XVI of the Omnibus Rules on Civil Service, which states that officers and employees who are absent for at least thirty (30) days without approved leave are considered on Absence Without Leave and shall be dropped from the Service after due notice. Furthermore, under the present Omnibus Rules on Appointments and Other Personnel Actions, an employee who is absent without approved leave for at least 30 calendar days shall be separated from the service or dropped from the rolls even without prior notice. The Court reiterated its consistent stance that the conduct and behavior of everyone connected with an office charged with the dispensation of justice are circumscribed with the heavy burden of responsibility. The Court cannot countenance any act or omission on the part of those involved in the administration of justice that would violate the norm of public accountability and diminish the people's faith in the Judiciary. Jacoba's prolonged unauthorized absences constitute such a violation.
Main Doctrine
An employee who is absent without approved leave for at least thirty (30) calendar days shall be dropped from the service after due notice, or even without prior notice under current rules, for conduct prejudicial to the best interest of the service.