493 Phil. 547
CALLEJO, SR., J.:
My absences were the results of dental and medical conditions that were properly documented by Dra. Cynthia Obligar of Dental City III, SM-Bacoor and Dra. Rosan de los Santos of St. Therese of Little Flowers Clinic, Rm. 216, Bacoor Business Center, Bacoor, Cavite.Thereafter, in a Memorandum dated February 14, 2005, Atty. Candelaria disclosed that the memorandum directing the respondent to comment on her unauthorized absences was ordered served only on January 25, 2005 because the latter was reportedly seen in the Court’s premises that morning. Moreover, the chronolog print-out of her daily time record (DTR) showed that she punched in 7:39 a.m. and left at 5:31 p.m. Atty. Candelaria further explained that the respondent had likewise been asked to report to the Office of Administrative Services that day and did not show up until it was already midday. Hence, the Memorandum dated January 21, 2005 was served in the afternoon at the respondent’s residence.
More specifically, on January 5, 2005, Dra. Obligar issued a medical certificate proving that she did a root canal operation because of the serious condition of my tooth requiring immediate performance of the said procedure. This dental condition [began] on or about December 28, 2004, but I wasn’t able to go to a dentist immediately because of the Holiday [Season].
The infection and subsequent severe swelling of my tooth resulted to temporary facial disfigurement making my presence in the office likely to lead to other serious conditions. In addition, it was determined that a root canal operation or extraction was not recommended earlier because of the extreme pain felt prior to January 5. Accordingly, Dra. Obligar performed the root canal operation and completed the record as to the medication and rest required due to this dental condition on January 5, 2005.
Likewise, Dra. Rosan de los Santos issued another medical certificate on January 11, 2005 after I complained of excruciating back pains that started on or about January 9, 2005. While [it is] undetermined that a dental condition was related to the back pains, it is [suspected] that these back pains [are] associated to my past history of Scoliosis or Urolithiasis (Renal Stones). Due to the intense pain, Dra. De los Santos recommended further medical examination and ordered heavy dosages of medication to be taken while I was on stated bed rest. The attached medical certificate or additional inquiry from the doctor’s office should provide more detailed explanation of my medical condition on the period in question.
I would also like to note that I have notified my assigned immediate supervisor, Engr. Antonio Bayot, Jr. of my dental and medical conditions with emphasis on the matters of excessive tooth pain and extreme back pains through text messages.
… Absenteeism and tardiness, even if such do not qualify as “habitual” or “frequent” under Civil Service Commission Memorandum Circular No. 04, Series of 1991, shall be dealt with severely, and any falsification of daily time records to cover-up for such absenteeism and/or tardiness shall constitute gross dishonesty or serious misconduct.The rules on applications for sick leave are further laid down in Memorandum Circular No. 41,[4] Series of 1998, to wit:
Sec. 53. Applications for sick leave.– All applications for sick leave of absence for one full day or more shall be on the prescribed form and shall be filed immediately upon the employee’s return from such leave. Notice of absence, however, should be sent to the immediate supervisor and/or to the agency head. Application for sick leave in excess of five (5) successive days shall be accompanied by a proper medical certificate.Approval of sick leave whether with pay or without pay is mandatory as long as proof of sickness or disability is attached to the application.[5] In this case, however, the respondent’s medical certificate failed to fully support her reason. As Atty. Candelaria adequately put it, the Court’s sympathy can only be extended to those with valid excuses. As noted by Atty. Candelaria in her report, the respondent has been consistently absenting herself and incurring tardiness; last year alone, she incurred 82.63 absences, 66 tardiness, 9.8 undertime, and was duly reminded thereon. And even after she was required to explain her unauthorized absences, the respondent again did not report for work.
Sick leave may be applied for in advance in cases where the official or employee will undergo medical examination or operation or be advised to rest in view of ill health duly supported by a medical certificate.
In ordinary application for sick leave already taken not exceeding five days, the head of department or agency concerned may duly determine whether or not the granting of sick leave is proper under the circumstances. In case of doubt, a medical certificate may be required.