Re: Dropping from the Rolls of Quimno
REITERATIONFacts
The Antecedents: Rowie A. Quimno (Quimno), Utility Worker I at the Municipal Circuit Trial Court (MCTC) of Ipil-Tungawan-Roseller T. Lim, Zamboanga Sibugay, failed to submit his Daily Time Record (DTR) since February 2016 and had no application for leave, resulting in his absence without official leave (AWOL) since February 1, 2016. Presiding Judge Arthur L. Ventura reported that Quimno also failed to report for work since July 20, 2016, and prior to that date, was frequently late or absent, showing little concern for lost work time, and was lazy, indifferent, and unreliable. Consequently, Quimno received unsatisfactory ratings in his performance evaluations for the periods July 1 to December 31, 2015, and January 1 to June 30, 2016. Judge Ventura later learned that Quimno was arrested on September 20, 2016, and charged with violations of Republic Act No. 9165. As of the resolution date, Quimno had not reported for work, and his salaries and benefits were withheld. Procedural History: The Office of Administrative Services, Office of the Court Administrator (OCA), confirmed that Quimno was still in the plantilla, not on the payroll, had no pending administrative cases, was not an accountable officer, and had no application for retirement. The OCA recommended that Quimno be dropped from the rolls effective February 1, 2016, for being AWOL for more than thirty (30) working days, his position declared vacant, and that he be informed of his separation at his last known address. The OCA also noted his continued qualification for benefits and potential re-employment. The Petition: This administrative case arose from the report and recommendation of the OCA regarding Quimno's prolonged absence without official leave.
Issue(s)
Whether Rowie A. Quimno should be dropped from the rolls of court personnel due to prolonged absence without official leave. Whether Quimno's conduct constitutes gross disregard and neglect of his duties as a public servant.
Ruling
The Court agrees with the OCA's recommendation and orders that Rowie A. Quimno be dropped from the rolls effective February 1, 2016, and his position declared vacant. He remains qualified to receive any entitled benefits and may be reemployed in the government.
Ratio Decidendi
On whether Rowie A. Quimno should be dropped from the rolls due to prolonged absence without official leave: The Court ruled in the affirmative, citing Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Memorandum Circular No. 13, Series of 2007. This provision clearly states 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. Quimno's absence since February 2016 unequivocally meets this criterion. Prolonged unauthorized absence leads to inefficiency in public service and disrupts the normal functions of the court. Such conduct contravenes the duty of a public servant to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency, which is a heavy burden for court personnel to uphold public accountability and maintain people's faith in the judiciary. On whether Quimno's conduct constitutes gross disregard and neglect of his duties: The Court affirmed that Quimno's actions demonstrated gross disregard and neglect of his duties. As reported by Judge Ventura, Quimno failed to report for work long before his arrest and exhibited a clear disinterest in diligently fulfilling his assigned tasks. This pattern of behavior, including being late or absent and showing indifference to lost work time, directly violates the high standards of public accountability imposed on all government employees. His conduct undeniably failed to adhere to these stringent requirements, justifying his separation from service.
Main Doctrine
An official or 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.