Almirante, In re
REITERATIONFacts
The Antecedents: Ms. Mira Thelma V. Almirante, Interpreter of the Municipal Trial Court of Argao, Cebu, had been absent from work without official leave since the last week of March 2006. She also failed to submit her Daily Time Records (DTRs)/Bundy Cards from December 2005 to March 2006. Furthermore, despite directives, she failed to turn over the Fiduciary Account Passbook and duplicate receipts for Judiciary Development Fund and SAJJ collections, having been designated Officer-in-Charge Clerk of Court from January 24, 2005, to December 1, 2005. Procedural History: The Office of the Court Administrator (OCA) received a letter from the Presiding Judge informing them of Ms. Almirante's absences and failure to submit records. The OCA requested the service of a warning letter, requiring Ms. Almirante to explain her unauthorized absences, with a recommendation for her dropping from the rolls if she failed to comply. The OCA also recommended the withholding of her salaries and benefits until compliance. Ms. Almirante has a pending administrative case for Conduct Unbecoming and Grave Misconduct. To date, she has not reported for work nor complied with any directives. The Petition: The OCA recommended that Ms. Mira Thelma V. Almirante be dropped from the rolls effective December 1, 2005, for being on absence without official leave (AWOL) since that date, without prejudice to the outcome of her pending administrative case. It also recommended informing her of her separation and declaring her position vacant.
Issue(s)
Whether Ms. Mira Thelma V. Almirante should be dropped from the rolls for absence without official leave. Whether the prolonged absence of Ms. Almirante constitutes conduct prejudicial to the best interest of public service.
Ruling
The Supreme Court granted the recommendation of the OCA and ordered that Ms. Mira Thelma V. Almirante be dropped from the rolls effective December 1, 2005, without prejudice to the outcome of IPI-05-2211P. Her position was declared vacant. The Court directed that a copy of the Resolution be served upon Ms. Almirante at her address on file.
Ratio Decidendi
On the issue of dropping Ms. Almirante from the rolls for absence without official leave: The Court affirmed the OCA's recommendation based on Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended. This provision clearly states that an 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 records unequivocally showed Ms. Almirante's failure to submit DTRs/Bundy Cards from December 2005 to March 2006, her failure to report for work since the last week of March 2006, and the absence of any application for leave during the relevant period. These facts established her continuous AWOL since December 1, 2005, the date she was supposed to have turned over her duties as Officer-in-Charge Clerk of Court. On the issue of whether the prolonged absence constitutes conduct prejudicial to the best interest of public service: The Court reiterated its consistent holding that a court employee's prolonged and unreasonable absence without leave constitutes conduct prejudicial to the best interest of public service and warrants dismissal from the service with forfeiture of benefits. Such behavior contravenes the fundamental duty of a public servant to serve the public with utmost responsibility, integrity, loyalty, and efficiency. By going on AWOL, Ms. Almirante failed to adhere to the highest standards of public accountability expected of those in government service. The Court emphasized that the conduct and behavior of all court personnel are laden with a heavy burden of responsibility, and it will not tolerate any act or omission that violates the norm of public accountability and diminishes public faith in the judiciary.
Main Doctrine
Continuous absence without approved leave for at least thirty (30) working days warrants separation from the service or dropping from the rolls without prior notice, pursuant to Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended. Such prolonged absence constitutes conduct prejudicial to the best interest of public service and contravenes a public servant's duty to serve with utmost responsibility, integrity, loyalty, and efficiency.