Office of the Court Administrator v. Saddi
REITERATIONFacts
The Antecedents: This administrative matter concerns the absence of Mr. Gregorio B. Saddi, Clerk of Court II of the Municipal Trial Court (MTC), Sasmuan, Pampanga, without approved leave from January 2, 2007, up to the date of the resolution. Saddi failed to submit his bundy cards for the period and did not file any application for leave or retirement. Procedural History: The Office of the Court Administrator (OCA) was furnished with a letter from the Executive Judge of the Regional Trial Court, Guagua, Pampanga, informing the court of Saddi's absence without official leave (AWOL). The Court requested Judge Canlas to instruct Saddi to submit his bundy cards and to cause the service of a letter warning him of potential separation from service due to his unauthorized absences. Saddi failed to comply with these requests. The Petition: The OCA recommended that Saddi be dropped from the rolls effective January 2, 2007, his position be declared vacant, and he be informed of his separation. The Court found this recommendation proper and well-founded, noting Saddi's failure to submit bundy cards, file leave applications, or respond to office communications.
Issue(s)
Whether Mr. Gregorio B. Saddi should be dropped from the rolls for absence without official leave (AWOL).
Ruling
The Supreme Court resolved to drop Mr. Gregorio B. Saddi from the rolls effective January 2, 2007, for having been on absence without official leave (AWOL) since that date, and declared his position vacant. A copy of the Resolution was ordered to be served upon Saddi at his address on file.
Ratio Decidendi
On Whether Mr. Gregorio B. Saddi should be dropped from the rolls for absence without official leave (AWOL): Yes. The Court found the recommendation of the Office of the Court Administrator (OCA) to be proper and well-founded. Saddi's conduct clearly falls within the purview of Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended by Resolution No. 99-1885. This rule explicitly 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. The evidence presented, including the OCA's record of Saddi's failure to submit bundy cards and the absence of any leave or retirement applications, established his AWOL status. Furthermore, it was undisputed that Saddi failed to respond to any of the office communications requiring him to explain his unauthorized absences. Therefore, the Court resolved to drop him from the rolls effective January 2, 2007, and declared his position vacant, in accordance with the governing civil service rules.
Main Doctrine
The Supreme Court reiterated that an official or employee who is continuously absent without approved leave for at least thirty (30) working days is considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. The employee must be informed of this separation at his address appearing on his 201 files not later than five (5) days from its effectivity. This rule is found in Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended.