Re: Dropping Vendiola
REITERATIONFacts
The Antecedents This administrative case concerns Lemuel H. Vendiola, a Sheriff IV in the Office of the Clerk of Court (OCC) of the Regional Trial Court (RTC) of Biñan City, Laguna. The core issue revolves around his prolonged absences without official leave, which prompted a request for his removal from the rolls of government employees. Procedural History Records indicate that Vendiola has not submitted his Daily Time Record (DTR) since May 2012 and has not filed any leave applications. His service record shows he was appointed Utility Worker I in 2004 and later Sheriff IV in a temporary capacity in 2009, becoming permanent in 2010. Despite this, he failed to submit initial salary requirements, leading to the withholding of his salaries and benefits since December 2010. In February 2013, the Executive Judge of RTC Branch 25 requested the Office of the Court Administrator (OCA) to drop Vendiola from the rolls due to his continuous absence since April 2012. The OCA, after reviewing the records, confirmed Vendiola was still in the plantilla, not retired, and had no pending administrative cases, but was accountable for STF and yet to be audited. The Petition The Office of the Court Administrator (OCA) recommended that Lemuel H. Vendiola be dropped from the rolls effective May 2, 2012, for being absent without official leave (AWOL), that his position be declared vacant, and that he be informed of his separation. This recommendation was based on Section 63, Rule XVI of the Omnibus Rules on Leave, which mandates separation for continuous absence without approved leave for at least thirty (30) working days. The OCA further noted that Vendiola remains qualified for any entitled benefits and may be eligible for re-employment, without prejudice to any liability arising from the audit of his accounts.
Issue(s)
Whether Mr. Lemuel H. Vendiola should be dropped from the rolls due to absences without official leave. Whether Vendiola's prolonged unauthorized absences caused inefficiency in public service.
Ruling
The Court agrees with the OCA's recommendation. Mr. Lemuel H. Vendiola, Sheriff IV, Office of the Clerk of Court, Regional Trial Court of Biñan City, Laguna, is hereby DROPPED from the rolls effective May 2, 2012, and his position is declared VACANT. He is, however, still qualified to receive the benefits he may be entitled to under existing laws and may still be reemployed in the government. A copy of the Resolution shall be served upon him at his last known address.
Ratio Decidendi
On whether Mr. Lemuel H. Vendiola should be dropped from the rolls due to absences 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 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. Based on the records, Vendiola had been continuously absent without approved leave since April 2012, thus warranting his separation from service. The Court found that Vendiola's prolonged unauthorized absences since April 2012 up to the present clearly fall within the purview of the said rule. Therefore, the Court found no impediment to dropping him from the rolls. On whether Vendiola's prolonged unauthorized absences caused inefficiency in public service: The Court affirmed that Vendiola's prolonged unauthorized absences indeed caused inefficiency in the public service. Such absences disrupted the normal functions of the court, contravening the duty of a public servant to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency. The Court 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 April 2012, Vendiola grossly disregarded and neglected the duties of his office, failing to adhere to the high standards of public accountability imposed on all government service personnel. The Court emphasized that the integrity of the judiciary is paramount and requires diligent service from all its members.
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.