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577 Phil. 97

FIRST DIVISION

[ A.M. No. 07-10-254-MeTC, June 12, 2008 ]

RE: ABSENCE WITHOUT OFFICIAL LEAVE OF MERLIE N. YUSON, COURT STENOGRAPHER, METROPOLITAN TRIAL COURT, BRANCH 1, MANILA.

R E S O L U T I O N

CORONA, J.:

This administrative matter concerns Merlie N. Yuson, court stenographer in Branch 1 of the Metropolitan Trial Court (MeTC) of Manila.

The records of the Employees Leave Division of the Office of Administrative Services (ELD-OAS) in the Office of the Court Administrator (OCA) show that Yuson has not submitted her bundy cards since April 2007.  Neither has she reported for work nor filed an application for leave.

On July 11, 2007, the ELD-OAS sent Yuson a telegram requiring her to submit her bundy cards. She did not comply.

In a letter dated July 16, 2007, Judge Ma. Ruby B. Camarista of Branch 1 of the MeTC of Manila informed the OCA that Yuson had not reported for work since April 2007 without filing any application for leave.

In a memorandum dated June 15, 2007, the OAS recommended that the salaries and benefits of Yuson be withheld. The OCA approved it. Subsequently, the OCA recommended that Yuson be dropped from the rolls effective April 1, 2007 for absence without official leave (AWOL).  Her position was declared vacant.[1]

We approve the recommendation of the OCA.

Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended by Circular No. 14, s. 1999, provides:
Section 63. Effect of absences without approved leave. - An official or employee who is continuously absent without approved leave for at least thirty (30) calendar 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. He shall, however, be informed, at his address appearing on his 201 files, of his separation from the service, not later than five (5) days from its effectivity. x x x (emphasis supplied)
Under the foregoing civil service rules, Yuson should be separated from the service or dropped from the rolls on account of her continued unauthorized absence since April 2007.

A court employee who goes on AWOL for a prolonged period of time disrupts the normal function of the organization[2] and interrupts its operations. As such, she causes delay in the administration of justice. Her conduct is prejudicial to the best interest of public service.[3] It contravenes a public servant's duty to serve the public with the utmost degree of responsibility, integrity, loyalty and efficiency.[4] It also manifests disrespect to her superiors and colleagues, in particular, and for the service and the public at large, in general.[5]

By going on AWOL, Yuson grossly disregarded and neglected the duties of her office. She failed to adhere to the high standards of public accountability imposed on those in government service.[6] Moreover, it showed her indifference to the sacred task of the judiciary to dispense justice effectively, efficiently, properly and promptly.

The conduct and behavior of all court personnel are circumscribed with the heavy burden of responsibility.This Court cannot countenance any act or omission on the part of all those involved in the administration of justice which violates the norm of public accountability and diminishes or tends to diminish the faith of the people in the judiciary.[7]

WHEREFORE, Merlie N. Yuson, court stenographer in Branch 1 of the Metropolitan Trial Court of Manila, is hereby DROPPED from the rolls and her position declared VACANT.

Let copies of this resolution be served on Yuson at her address appearing on her 201 files pursuant to Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended.

SO ORDERED.

Puno, C.J., (Chairperson), Carpio,  Azcuna and Leonardo-De Castro, JJ., concur.



[1] Memorandum dated September 17, 2007, rollo, pp. 1-2.

[2] Re: Absence Without Official Leave of Ms. Fernandita B. Borja, A.M. No. 06-1-10-MCTC, 13 April 2007; Re: Absence Without Official Leave of Mr. Robert L. Borcillo, A.M. No. 07-7-343-RTC, 05 September 2007.

[3] Re: Absence Without Official Leave of Mr. Basri A. Abbas, A.M. No. 06-2-96-RTC, 31 March 2006, 486 SCRA 32.

[4] Re: Absence Without Official Leave of Ms. Fernandita B. Borja, supra.

[5] Id.

[6] Id.; Re: Absence Without Official Leave of Mr. Robert L. Borcillo, supra.

[7] Re: Absence Without Official Leave of Mr. Basri A. Abbas, supra; Re: Absence Without Official Leave of Mr. Robert L. Borcillo, supra.    

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