Re: Absence of Borja
REITERATIONFacts
The Antecedents: Ms. Fernandita B. Borja, Clerk II of Branch 15, Municipal Circuit Trial Court (MCTC) of Bilar, Bohol, filed an application for a 3-month vacation leave effective August 23, 2004, for an overseas trip. However, she left the country without waiting for the approval of her authority to travel abroad and has not reported for work since then. Procedural History: The Clerk of Court of Branch 15 informed the Office of the Court Administrator (OCA) of Borja's absence and recommended her dropping from the rolls. The OCA Leave Division noted that Borja had not submitted daily time records since August 2004, did not file any vacation leave application during that period, was excluded from the payroll effective July 2005 due to unclaimed checks, and despite several OCA directives, had not reported back to work. Consequently, the OCA recommended that Borja be dropped from the rolls and her position declared vacant. The Petition: The administrative matter concerns the absence without official leave of Ms. Fernandita B. Borja.
Issue(s)
Whether Ms. Fernandita B. Borja should be dropped from the rolls for being continuously absent without official leave. Whether the prolonged unauthorized absence of a court employee constitutes conduct prejudicial to the best interest of public service.
Ruling
The Supreme Court agreed with the OCA's recommendation. Ms. Fernandita B. Borja, clerk II in Branch 15 of the Municipal Circuit Trial Court of Bilar, Bohol, was ordered to be DROPPED from the rolls and her position declared VACANT.
Ratio Decidendi
On the issue of whether Ms. Fernandita B. Borja should be dropped from the rolls for being continuously absent without official leave: The Court held that under Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended by Circular No. 14, s. 1999, 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. Borja's continuous unauthorized absence since August 2004 clearly falls within this provision. Therefore, she should be separated from the service or dropped from the rolls. On the issue of whether the prolonged unauthorized absence of a court employee constitutes conduct prejudicial to the best interest of public service: The Court affirmed that a court employee's absence without leave for a prolonged period disrupts the normal functions of the court. Such conduct constitutes an act prejudicial to the best interest of public service. It contravenes a public servant's duty to serve the public with the utmost degree of responsibility, integrity, loyalty, and efficiency. Furthermore, it manifests disrespect for superiors, colleagues, the service, and the public at large. By going on AWOL, Borja grossly disregarded and neglected the duties of her office and failed to adhere to the highest standards of public accountability imposed on those in government service. The Court emphasized that the conduct of all court personnel is circumscribed with the heavy burden of responsibility, and it cannot countenance any act or omission that diminishes faith in the judiciary.
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.