Re: Yuson
REITERATIONFacts
The Antecedents: Merlie N. Yuson, a court stenographer, had not submitted her bundy cards since April 2007, nor had she reported for work or filed any application for leave. Despite a telegram requiring her to submit bundy cards and a letter from her Presiding Judge informing the Office of the Court Administrator (OCA) of her absence, Yuson remained absent without official leave. Procedural History: The Office of Administrative Services (OAS) recommended the withholding of Yuson's salaries and benefits, which was approved by the OCA. Subsequently, the OCA recommended that Yuson be dropped from the rolls effective April 1, 2007, for absence without official leave, and her position was declared vacant. The Petition: The administrative matter concerns the recommendation of the OCA to drop Merlie N. Yuson from the rolls.
Issue(s)
Whether Merlie N. Yuson should be dropped from the rolls for absence without official leave.
Ruling
The Supreme Court approved the recommendation of the OCA. Merlie N. Yuson, court stenographer in Branch 1 of the Metropolitan Trial Court of Manila, was dropped from the rolls and her position declared vacant.
Ratio Decidendi
On Whether Merlie N. Yuson should be dropped from the rolls for absence without official leave: The Court ruled in the affirmative, citing 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 absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. Yuson's continuous unauthorized absence since April 2007 clearly falls within this provision. The Court emphasized that a court employee going on AWOL for a prolonged period disrupts the normal function of the organization and interrupts its operations, thereby causing delay in the administration of justice. Such conduct is prejudicial to the best interest of public service and contravenes a public servant's duty to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency. Furthermore, it demonstrates disrespect to superiors and colleagues, and indifference to the judiciary's task of dispensing justice effectively and promptly. Yuson's actions showed a gross disregard and neglect of her duties, a failure to adhere to the high standards of public accountability, and indifference to the sacred task of the judiciary. The conduct and behavior of all court personnel are circumscribed with the heavy burden of responsibility, and the Court cannot countenance acts or omissions that violate the norm of public accountability and diminish public 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.