Re: Absence Without Official Leave of Borcillo
REITERATIONFacts
The Antecedents: Mr. Robert L. Borcillo, Utility Worker I at the Regional Trial Court (RTC) of Iloilo City, Branch 28, was absent without official leave (AWOL) since November 2006. Judge Loida J. Diestro-Maputol issued several memoranda calling Borcillo's attention to his habitual absenteeism and non-submission of Daily Time Records (DTRs) for October 2006 to January 2007. Despite prior warnings and a ten-day suspension in 2005 for similar infractions, Borcillo continued his absences and failed to submit his DTRs for November and December 2006, and January 2007. He was directed to explain his absences within five days, with a warning that failure to comply would lead to a recommendation that he be dropped from the rolls. Procedural History: Borcillo failed to comply with the directive to explain his absences. He neither reported for work nor applied for leave, and has not submitted his bundy cards or DTRs since November 2006. The Office of the Court Administrator (OCA) approved the withholding of his salaries and benefits and recommended that he be dropped from the rolls for being AWOL, declaring his position vacant. The Petition: The Supreme Court reviewed the recommendation of the OCA.
Issue(s)
Whether Mr. Robert L. Borcillo should be dropped from the rolls for being absent without official leave (AWOL). Whether Borcillo's conduct was prejudicial to the best interest of public service.
Ruling
The Supreme Court approved the recommendation of the Office of the Court Administrator (OCA) and ordered that Robert L. Borcillo be dropped from the rolls and his position declared vacant.
Ratio Decidendi
On the issue of whether Mr. Robert L. Borcillo should be dropped from the rolls for being absent without official leave (AWOL): The Court held that Borcillo 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 explicitly 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 separated from the service or dropped from the rolls without prior notice. Borcillo's continuous absence without leave since November 2006 clearly falls within this provision. The Court emphasized that such prolonged unauthorized absence disrupts the normal functioning of the organization and delays its operations, which is detrimental to public service. On the issue of whether Borcillo's conduct was prejudicial to the best interest of public service: The Court found that Borcillo's conduct was indeed prejudicial to the best interest of public service. His prolonged AWOL contravened a public servant's duty to serve with utmost responsibility, integrity, loyalty, and efficiency. Furthermore, his actions manifested disrespect to his superiors and colleagues, and to the service and the public at large. By going on AWOL, Borcillo grossly disregarded and neglected the duties of his office and failed to adhere to the high standards of public accountability imposed on all government service personnel. The Court reiterated that the conduct and behavior of all court personnel are circumscribed with the heavy burden of responsibility, and any act or omission that violates the norm of public accountability and diminishes faith in the judiciary cannot be countenanced.
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.