Re: Tayros
REITERATIONFacts
The Antecedents: Records of the Office of Administrative Services (OAS) of the Office of the Court Administrator (OCA) showed that Mr. Jayson S. Tayros, Process Server of the Regional Trial Court (RTC), Branch 31, Dumaguete City, failed to submit his Daily Time Records (DTRs)/Bundy Cards for July 2004 up to the present. Procedural History: On December 2, 2004, the Leave Division of the OAS received a letter informing them of Mr. Tayros's unauthorized leave since July 2004. A warning letter was sent to Mr. Tayros requiring an explanation for his absences, otherwise, his name would be recommended to be dropped from the rolls. Subsequently, a telegram/letter requested the designation of another employee in lieu of Mr. Tayros, who had been on AWOL since July 2, 2004. The OCA recommended the withholding of Mr. Tayros's salaries and benefits for non-submission of DTRs/Bundy Cards. Later, the OCA recommended that Mr. Tayros's name be dropped from the rolls due to his continuous AWOL since July 2, 2004, and his position declared vacant. The Petition: This matter concerns the absence without official leave of Mr. Jayson S. Tayros.
Issue(s)
Whether Mr. Jayson S. Tayros's prolonged absence without official leave constitutes conduct prejudicial to the best interest of public service. Whether Mr. Tayros should be dropped from the rolls and his position declared vacant.
Ruling
The Supreme Court found the recommendation proper and ordered that Mr. Jayson S. Tayros, Process Server of the Regional Trial Court of Dumaguete City, Branch 31, be dropped from the service and his position be declared vacant. A copy of the decision was ordered to be served upon the respondent at his address appearing on his 201 files.
Ratio Decidendi
On Whether Mr. Jayson S. Tayros's prolonged absence without official leave constitutes conduct prejudicial to the best interest of public service: The Court held that Mr. Tayros's conduct falls within the purview of Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended. This provision states that an official or employee 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. The Court emphasized that public office is a public trust, and public officers must at all times be accountable to the people, serving them with utmost responsibility, integrity, loyalty, and efficiency. A court employee's prolonged AWOL is considered conduct prejudicial to the best interest of public service. The proofs of Mr. Tayros's ongoing AWOL were the records of his failure to submit DTRs/Bundy Cards, the absence of any application for leave, and the letter from the Clerk of Court stating his AWOL status since July 2, 2004. This prolonged absence prejudiced public service, which cannot be countenanced. On Whether Mr. Tayros should be dropped from the rolls and his position declared vacant: The Court affirmed the recommendation of the OCA to drop Mr. Tayros from the rolls and declare his position vacant. The Court reiterated that Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended, does not require prior notice to drop an employee from the rolls for continuous absence without approved leave for at least thirty (30) calendar days. The evidence presented, including the records from the OAS-OCA and the letter from the Clerk of Court, sufficiently established Mr. Tayros's AWOL status. Consequently, his prolonged absence warranted his separation from the service and the declaration of his position as vacant, in accordance with the cited civil service rules and regulations. This action is consistent with the principle that any act falling short of the exacting standards for public office, especially within the judiciary, shall not be tolerated.
Main Doctrine
An official or 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 prolonged AWOL constitutes conduct prejudicial to the best interest of public service and warrants dismissal from the service with forfeiture of benefits.