Re: Dropping from the Rolls of Nudo
REITERATIONFacts
The Antecedents: Ms. Marissa M. Nudo (Nudo), Clerk III of the Regional Trial Court (RTC), Branch 6, Manila, has been on absence without official leave (AWOL) since March 2017. She has not submitted her Daily Time Record (DTR) nor any application for leave since March 2017. Atty. Rosette H. Abrenica, Clerk of Court V of RTC, Branch 6, informed the Office of the Court Administrator (OCA) that Nudo failed to submit her DTR for March 2017 as she had been absent since March 14, 2017. Nudo has not reported for work to date, and her salaries and benefits were withheld. The OCA confirmed that Nudo is in the plantilla, considered in active service, has no application for retirement, no pending administrative case, and is not an accountable officer. Procedural History: The OCA, in its report and recommendation dated July 11, 2017, recommended that Nudo be dropped from the rolls effective March 1, 2017, for being absent without official leave for more than thirty (30) working days, her position be declared vacant, and she be informed of her separation at her last known address. The OCA also noted her continued qualification for benefits and reemployment. The Petition: This administrative case arose from the letter informing the Court of Nudo's prolonged absence without official leave.
Issue(s)
Whether Ms. Marissa M. Nudo should be dropped from the rolls for continuous absence without official leave. Whether Nudo's prolonged unauthorized absences caused inefficiency in public service and contravened her duties as a public servant.
Ruling
The Court agrees with the OCA's recommendation. Ms. Marissa M. Nudo, Clerk III of the Regional Trial Court of Manila, Branch 6, is dropped from the rolls effective March 1, 2017, and her position is declared vacant. She is, however, still qualified to receive the benefits she may be entitled to under existing laws and may still be reemployed in the government.
Ratio Decidendi
On whether Ms. Marissa M. Nudo should be dropped from the rolls for continuous absence without official leave: The Court affirmed the OCA's recommendation based on 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 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. Nudo's continuous absence since March 2017, without any approved leave or submission of her Daily Time Record (DTR), squarely falls within the purview of this rule. Her failure to report for work for more than thirty (30) working days necessitates her separation from the service. On whether Nudo's prolonged unauthorized absences caused inefficiency in public service and contravened her duties as a public servant: The Court found that Nudo's prolonged unauthorized absences indeed caused inefficiency in the public service by disrupting the normal functions of the court. It was reiterated that the conduct of court personnel is circumscribed with the heavy responsibility of upholding public accountability and maintaining the people's faith in the judiciary. By failing to report for work since March 2017 up to the present, Nudo grossly disregarded and neglected the duties of her office. This failure undeniably demonstrates a lack of adherence to the high standards of public accountability imposed on all government service personnel. Such conduct is contrary to the duty of a public servant to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency.
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.