Re: Dropping from the Rolls of Del Rosario
REITERATIONFacts
The Antecedents: Mr. Arno Del Rosario (Del Rosario), Court Stenographer II of the Metropolitan Trial Court (MeTC), Quezon City, Branch 41, was absent without official leave from February 3, 2017, to the present. He failed to submit his daily time record or any application for leave covering this period. Although he submitted an application for retirement effective February 3, 2017, the necessary documents for its approval were not submitted. Procedural History: Del Rosario was excluded from the payroll starting April 2017. Despite this, he remained in the plantilla and was considered in active service. Consequently, the Presiding Judge of MeTC, Quezon City, Branch 41, requested that Del Rosario be dropped from the rolls or his position declared vacant due to his prolonged absences without official leave. The Office of the Court Administrator (OCA) recommended that Del Rosario be dropped from the rolls, his position declared vacant, and that he be informed of his separation. The OCA also clarified that Del Rosario remains qualified for benefits and re-employment. The Petition: The administrative matter arose from the request to drop Del Rosario from the rolls due to his absences without official leave.
Issue(s)
Whether or not Del Rosario should be dropped from the rolls due to his absences without official leave.
Ruling
The Court adopted the findings and recommendations of the OCA, resolving to drop Mr. Arno Del Rosario from the rolls, declare his position vacant, and inform him of his separation from the service. He remains qualified for benefits and re-employment.
Ratio Decidendi
On whether Del Rosario should be dropped from the rolls due to his absences without official leave: The Court ruled in the affirmative, adopting the findings and recommendations of the OCA. Section 107, Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) explicitly authorizes and provides the procedure for dropping employees from the rolls due to prolonged absences without approved leave. This provision states that an official or employee continuously absent without official leave for at least thirty (30) working days may be dropped from the rolls without prior notice, effective immediately. This is in consonance with Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Civil Service Commission Memorandum Circular No. 13, Series of 2007, which similarly provides that such an employee shall be considered on absence without official leave and shall be separated from the service or dropped from the rolls without prior notice. The Court found it undisputed that Del Rosario had been absent without official leave since February 3, 2017. His prolonged unauthorized absences were deemed to have caused inefficiency in the public service by disrupting the normal functions of the court. This conduct was considered a contravention of the duty of a public servant to serve with the utmost degree of responsibility, integrity, loyalty, and efficiency. The Court stressed that court personnel's conduct 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 February 3, 2017, Del Rosario grossly disregarded and neglected the duties of his office, failing to adhere to the high standards of public accountability imposed on all those in government service. Therefore, the Court was constrained to drop Del Rosario from the rolls.
Main Doctrine
An employee continuously absent without official leave for at least thirty (30) working days may be dropped from the rolls without prior notice, subject to the right to appeal.