Re: Faraon
REITERATIONFacts
The Antecedents: Records showed that Mr. Gregorio B. Faraon, Administrative Officer IV of the Regional Trial Court-Office of the Clerk of Court of Manila, failed to submit his Daily Time Records (DTRs)/Bundy Cards from June 2004 up to the present. Despite a telegram on September 7, 2004, instructing him to submit DTRs for June and August 2004, he failed to comply. A warning letter was sent on September 13, 2004, requiring him to explain his unauthorized absences, with a warning of being dropped from the rolls, but he again failed to comply. As of the decision date, Mr. Faraon had not reported for duty nor complied with office directives. Procedural History: The Office of Administrative Services (OAS) of the Office of the Court Administrator (OCA) recommended the withholding of Mr. Faraon's salaries and benefits for non-submission of DTRs/Bundy Cards. Subsequently, the OCA recommended that Mr. Faraon be dropped from the rolls for being on AWOL since June 1, 2004, and his position be declared vacant, pursuant to Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations. The Petition: This administrative matter concerns the recommendation to drop Mr. Faraon from the rolls.
Issue(s)
Whether Mr. Gregorio B. Faraon should be dropped from the rolls for absence without official leave (AWOL). Whether Mr. Faraon's prolonged absence without leave constitutes conduct prejudicial to the best interest of public service.
Ruling
The Supreme Court found the recommendation to drop Mr. Gregorio B. Faraon from the rolls to be proper under the circumstances. His conduct fell within the purview of Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended. The Court ordered that Mr. Faraon be dropped from the service and his position be declared vacant.
Ratio Decidendi
On whether Mr. Gregorio B. Faraon should be dropped from the rolls for absence without official leave (AWOL): The Court affirmed the recommendation to drop Mr. Faraon from the rolls. It was clear from Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended by Memorandum Circular No. 14, s. 1999, that an employee continuously absent without approved leave for at least thirty (30) working days is considered on AWOL and shall be separated from the service or dropped from the rolls without prior notice. The records clearly showed Mr. Faraon's failure to submit DTRs/Bundy Cards and the absence of any application for leave, coupled with his failure to respond to office communications. These facts established his AWOL status. The provision explicitly states that no prior notice is required in such cases. The Court found no error in the OCA's recommendation based on these established facts and the governing rule. On whether Mr. Faraon's prolonged absence without leave constitutes conduct prejudicial to the best interest of public service: The Court held that Mr. Faraon's absence without official leave prejudiced public service. Public office is a public trust, and public officers are expected to be accountable, responsible, and efficient. A court employee's prolonged absence without leave constitutes conduct prejudicial to the best interest of public service and warrants dismissal. The conduct and behavior of individuals connected with the dispensation of justice are subject to a heavy burden of responsibility. The Court cannot countenance acts or omissions that violate public accountability and diminish public faith in the Judiciary. Therefore, the prolonged AWOL of Mr. Faraon was deemed conduct prejudicial to the best interest of public service, justifying his dismissal.
Main Doctrine
An employee who is continuously absent without approved leave for at least thirty (30) working 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. Such absence constitutes conduct prejudicial to the best interest of public service and warrants dismissal.