Re: Dropping from the Rolls of Millare
REITERATIONFacts
The Antecedents: The administrative case originated from a letter informing the Supreme Court that Ms. Janice C. Millare (Millare), Clerk III, Office of the Clerk of Court, Metropolitan Trial Court (MeTC) of Quezon City, failed to submit her Daily Time Records (DTRs) for July 2017 and subsequent months, and had not submitted any application for leave. Consequently, she was considered on absence without official leave (AWOL) since July 17, 2017. Millare had been granted authority to travel to Saipan from June 5 to July 14, 2017, but she had not reported for work even after this period. Her salaries and benefits were withheld. The Office of the Court Administrator (OCA) confirmed that Millare was still in the plantilla of court personnel, had no application for retirement, no pending administrative case, and was not an accountable officer. Procedural History: The OCA, in its report and recommendation dated November 22, 2017, recommended that Millare be dropped from the rolls effective July 17, 2017, for being absent without official leave for more than thirty (30) working days, that her position be declared vacant, and that she be informed of her separation at her last known address. The OCA also noted her continued qualification for benefits and potential reemployment in government. The Petition: This administrative matter concerns the recommendation of the OCA to drop Ms. Janice C. Millare from the rolls due to prolonged absence without official leave.
Issue(s)
Whether Ms. Janice C. Millare should be dropped from the rolls for continuous absence without official leave for more than thirty (30) working days. Whether Millare's prolonged unauthorized absences caused inefficiency in public service and contravened the duty of a public servant.
Ruling
The Supreme Court agreed with the OCA's recommendation and ordered that Ms. Janice C. Millare, Clerk III, Office of the Clerk of Court, Metropolitan Trial Court of Quezon City, be dropped from the rolls effective July 17, 2017, and her position be declared vacant. She remains qualified to receive entitled benefits and may be reemployed in the government.
Ratio Decidendi
On whether Ms. Janice C. Millare should be dropped from the rolls for continuous absence without official leave for more than thirty (30) working days: The Court affirmed the OCA's recommendation based on Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Civil Service Commission 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. Millare's continued absence since July 17, 2017, without any approved leave, squarely falls within the purview of this rule, necessitating her separation from the service. On whether Millare's prolonged unauthorized absences caused inefficiency in public service and contravened the duty of a public servant: The Court held that Millare's prolonged unauthorized absences indeed caused inefficiency in the public service by disrupting the normal functions of the court. Such conduct contravened the fundamental duty of a public servant to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency. It was reiterated that court personnel are bound by the heavy responsibility of upholding public accountability and maintaining the people's faith in the judiciary. By failing to report for work since July 17, 2017, Millare grossly disregarded and neglected the duties of her office, thereby failing to adhere to the high standards of public accountability imposed on all government employees.
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.