AM 17 12 135 METC; (April, 2018) (Digest)
A.M. No. 17-12-135-MeTC. April 16, 2018.
RE: DROPPING FROM THE ROLLS OF MR. ARNO D. DEL ROSARIO, COURT STENOGRAPHER II, BRANCH 41, METROPOLITAN TRIAL COURT (METC), QUEZON CITY.
FACTS
This administrative matter originated from a letter dated September 6, 2017, by Presiding Judge Analie B. Oga-Brual, requesting that Mr. Arno D. Del Rosario, a Court Stenographer II, be dropped from the rolls due to unauthorized absences. Records from the Office of the Court Administrator (OCA) established that Del Rosario had not submitted his daily time records or any application for leave since February 3, 2017, rendering him absent without official leave (AWOL) from that date. Consequently, his name was excluded from the payroll starting April 2017.
Further verification revealed that while Del Rosario had filed an application for retirement effective February 3, 2017, he failed to submit the necessary supporting documents for its processing and approval. Despite his prolonged absence and payroll exclusion, he remained listed in the active plantilla of personnel, prompting the request to formally drop him from the rolls and declare his position vacant.
ISSUE
The essential issue is whether Mr. Arno D. Del Rosario should be dropped from the rolls due to his continuous absence without official leave.
RULING
The Court resolved to drop Mr. Del Rosario from the rolls. The legal basis is found in Section 107, Rule 20 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), which authorizes dropping an employee from the rolls for being continuously absent without approved leave for at least thirty (30) working days. This rule aligns with Section 63, Rule XVI of the Omnibus Rules on Leave, as amended.
The Court found the application of these rules straightforward, as it was undisputed that Del Rosario had been on AWOL since February 3, 2017βfar exceeding the thirty-day threshold. His prolonged unauthorized absence disrupted court operations and constituted a gross neglect of duty, contravening the standards of responsibility and efficiency required of public servants, especially those in the judiciary whose conduct must uphold public accountability.
Crucially, the Court emphasized that dropping from the rolls under these circumstances is a non-disciplinary, administrative measure for inefficiency due to prolonged absence. Therefore, Del Rosarioβs separation does not result in the forfeiture of accrued benefits under existing laws, nor does it disqualify him from future re-employment in government service. The Court adopted the OCAβs recommendations, ordering his dropping from the rolls effective February 3, 2017, the declaration of his position as vacant, and his notification at his last known address.
