Fuentes v. Office of the Court Administrator
REITERATIONFacts
The Antecedents: The Employees’ Leave Division of the Office of the Administrative Services, Office of the Court Administrator (OCA), received vacation leave applications from Gina P. Fuentes (Fuentes), Court Stenographer I of the Municipal Circuit Trial Court (MCTC) of Mabini, Compostela Valley, for various periods in 2007. These applications were favorably recommended by the respective acting presiding judges. Fuentes did not report for work in April 2007 but indicated in her Daily Time Record (DTR) that she was on leave. Judge Samson stated that Fuentes had been abroad since March 1, 2007, confirmed by her husband collecting her paycheck. Procedural History: The OCA, by Memorandum dated January 11, 2008, noted that Fuentes went abroad without securing authority from the Court, violating Memorandum Order No. 14-2000. The OCA recommended that Fuentes be directed to explain her failure to comply, her leave applications be disapproved and considered unauthorized, her April 2007 absences be considered unauthorized, she be directed to report back to work, and her withheld salaries and benefits be released upon compliance. The Chief Justice approved these recommendations on February 11, 2008. More than a year later, on March 24, 2009, the OCA noted that Fuentes had not submitted her "bundy cards" since August 2007 and had not reported back to work. The OCA recommended that Fuentes be dropped from the rolls effective August 1, 2007, her position be declared vacant, and she be informed of her separation. The Court adopted the OCA's recommendation. The Petition: This case involves the administrative action taken against Gina P. Fuentes for her prolonged absence without official leave and for leaving the country without prior authorization.
Issue(s)
Whether Gina P. Fuentes should be dropped from the rolls for absence without official leave. Whether Fuentes violated Memorandum Order No. 14-2000 by leaving the country without prior authorization.
Ruling
The Supreme Court affirmed the OCA's recommendation, ordering that Gina P. Fuentes be dropped from the rolls effective August 1, 2007, and her position declared vacant.
Ratio Decidendi
On the issue of dropping from the rolls for absence without official leave: The Court held that Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Memorandum Circular 13, series of 2007, provides that an official or 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. In this case, Fuentes' leave applications from March 1 to March 31, 2007, and from May 1 to July 31, 2007, were disapproved and considered unauthorized. Her absence in April 2007 was also deemed unauthorized. The Court emphasized that a prolonged absence without leave disrupts court functions, constitutes conduct prejudicial to public service, contravenes the duty of a public servant to serve with utmost responsibility, integrity, loyalty, and efficiency, and manifests disrespect for superiors, colleagues, the service, and the public. Since Fuentes had been continuously absent without approved leave for a period exceeding thirty working days and failed to report back to work despite directives, she was deemed to have been on AWOL and thus subject to being dropped from the rolls. On the issue of violating Memorandum Order No. 14-2000: The Court noted that Fuentes went abroad without securing the necessary authority from the Court, in violation of Memorandum Order No. 14-2000. This memorandum explicitly states that no official or employee of the Judiciary shall leave for any foreign country, whether on official business or at one's own expense, without first obtaining permission from the Supreme Court through the Chief Justice and the Chairmen of the Divisions. Fuentes' unauthorized departure from the country, coupled with her prolonged absence from work, further supported the administrative action taken against her. The OCA's recommendation to disapprove her leave applications and consider her absences unauthorized was based on this violation, which was consistent with the Court's findings.
Main Doctrine
An employee who is 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. Failure to report for work within the period stated in a Return-to-Work Order shall be a valid ground to drop an employee from the rolls.