Re: Dropping from the Rolls of Lindo
REITERATIONFacts
The Antecedents: Noel C. Lindo (Lindo), Sheriff IV, Regional Trial Court (RTC) of Quezon City, Branch 83, failed to submit his Daily Time Records (DTRs) from November 2017 onwards and did not file any application for leave, resulting in his absence without official leave (AWOL) since November 2, 2017. Procedural History: The Office of Administrative Services (OAS), Office of the Court Administrator (OCA), previously issued a Memorandum on August 2, 2017, ordering the withholding of Lindo's salaries and benefits for his failure to submit DTRs from May to June 2017. Despite further notifications and transmittal letters regarding his continued non-submission of DTRs for November and December 2017, Lindo remained remiss. Consequently, the Presiding Judge of Branch 83 recommended that Lindo be declared AWOL and his position be declared vacant. The Petition: The OCA, after verifying that Lindo had not filed for retirement, was still in the plantilla, and was not an accountable officer, recommended that Lindo be dropped from the rolls effective November 2, 2017. The OCA further recommended that his position be declared vacant and that he be informed of his separation. The OCA also noted that Lindo had a pending case, OCA IPI No. 13-4112-P.
Issue(s)
Whether Noel C. Lindo should be dropped from the rolls for being on absence without official leave (AWOL) for more than thirty (30) working days. Whether the separation from service for unauthorized absences is disciplinary in nature.
Ruling
The Court granted the recommendation of the OCA and ordered that Noel C. Lindo, Sheriff IV, Regional Trial Court of Quezon City, Branch 83, be dropped from the rolls effective November 2, 2017, and his position be declared vacant. The Court also ruled that Lindo is still qualified to receive benefits he may be entitled to under existing laws and may be reemployed in the government, without prejudice to the outcome of OCA IPI No. 13-4112-P.
Ratio Decidendi
On Whether Noel C. Lindo should be dropped from the rolls for being on absence without official leave (AWOL) for more than thirty (30) working days: The Court ruled in the affirmative, citing Section 107(a-1) of the 2017 Rules on Administrative Cases in the Civil Service (RACCS). This provision clearly states that an official or employee continuously absent without official leave (AWOL) for at least thirty (30) working days may be dropped from the rolls without prior notice. Lindo's continuous absence without leave since November 2, 2017, squarely falls within this rule. The Court emphasized that prolonged unauthorized absence causes inefficiency in public service and disrupts the normal functions of the court, contravening the duty of public servants to serve with utmost responsibility, integrity, loyalty, and efficiency. Lindo's actions demonstrated a gross disregard and neglect of his duties, failing to adhere to the high standards of public accountability expected of government employees. On Whether the separation from service for unauthorized absences is disciplinary in nature: The Court clarified that separation from the service for unauthorized absences is non-disciplinary in nature, as provided in Section 110, Rule 20 of the 2017 RACCS. This means that such separation does not result in the forfeiture of any benefits to which the official or employee may be entitled, nor does it disqualify them from reemployment in the government. This is without prejudice to the outcome of any pending disciplinary cases against the employee. Therefore, Lindo remains qualified to receive his accrued benefits and may be considered for future government employment, contingent on the resolution of OCA IPI No. 13-4112-P.
Main Doctrine
An official or employee who is continuously absent without official leave (AWOL) for at least thirty (30) working days may be dropped from the rolls without prior notice, effective immediately. This administrative action is non-disciplinary in nature and does not result in the forfeiture of any benefits or disqualification from reemployment in the government, without prejudice to the outcome of any pending disciplinary cases.