Re: Arcangel
REITERATIONFacts
The Antecedents: Ms. Carolyn C. Arcangel, a human resource management assistant in the Leave Division of the Office of the Court Administrator (OCA), was absent without official leave (AWOL) since July 21, 2005. The Office of Administrative Services (OAS) sent her a memorandum directing her to report back to work within five days and explain her absence. Ms. Arcangel explained that she was attending to a hospitalized aunt and subsequently became ill due to fatigue. Later, she was also directed to explain the disappearance of leave cards of lower court personnel in her custody and to turn over pertinent documents. Despite these directives, Ms. Arcangel neither reported back to work nor accounted for the missing documents. Procedural History: The Deputy Clerk of Court and chief of the OAS recommended that Ms. Arcangel be dropped from the rolls due to her prolonged AWOL. The Court adopted this recommendation. The Petition: This administrative matter concerns the resolution of Ms. Arcangel's continued absence and failure to account for missing documents.
Issue(s)
Whether Ms. Arcangel should be dropped from the rolls for continuous absence without official leave. Whether Ms. Arcangel's prolonged absence and failure to return documents constitutes conduct prejudicial to the best interest of public service.
Ruling
The Court resolved to drop Ms. Carolyn C. Arcangel from the rolls. She was further ordered to immediately account for, within three days from receipt of the resolution, all missing leave cards and other pertinent documents in her custody and return them to the Leave Division of the OCA, otherwise, criminal action shall be taken against her.
Ratio Decidendi
On the issue of being dropped from the rolls: The Court held that Ms. Arcangel should be separated from the service or dropped from the rolls pursuant to Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended by Circular No. 14, s. 1999. This rule clearly states that an official or employee continuously absent without approved leave for at least thirty (30) calendar days shall be considered on AWOL and shall be dropped from the rolls without prior notice. Ms. Arcangel's absence since July 21, 2005, far exceeded the thirty-day period, thus warranting her separation from service. On the issue of conduct prejudicial to public service: The Court found that Ms. Arcangel's prolonged and unreasonable absence without leave, combined with her unlawful and irresponsible retention of documents and failure to comply with the demand to turn them over, constituted conduct prejudicial to the best interest of public service. Such conduct directly contravenes a public servant's obligation to serve with utmost responsibility, integrity, loyalty, and efficiency. By going on AWOL, she disregarded and neglected her duties, causing prejudice to public service as her colleagues had to perform her tasks. Furthermore, her unlawful and irresponsible retention of documents and failure to comply with the demand to turn them over exacerbated her misconduct.
Main Doctrine
An official or employee who is continuously absent without approved leave for at least thirty (30) 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, as provided under Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended by Circular No. 14, s. 1999.