AM 06 2 96 RTC; (March, 2006) (Digest)
A.M. No. 06-2-96-RTC ; March 31, 2006
RE: ABSENCE WITHOUT OFFICIAL LEAVE (AWOL) OF MR. BASRI A. ABBAS, Legal Researcher II, Regional Trial Court of Zamboanga City, Branch 12.
FACTS
This administrative case concerns Basri A. Abbas, Legal Researcher II at the RTC of Zamboanga City, Branch 12. The Office of the Court Administrator (OCA) discovered that Abbas had been continuously absent from his duties since March 1, 2005, without any approved leave application. The OCA, through a telegram and subsequent letter, directed him to submit his bundy cards and provide a written explanation for his unauthorized absences, with warnings of possible dismissal for non-compliance. Presiding Judge Gregorio V. de la Peña III also issued a memorandum requiring Abbas to explain his failure to report for work. Abbas disregarded all these directives and failed to submit any compliance or explanation.
ISSUE
Whether respondent Basri A. Abbas should be administratively penalized for his prolonged absence without official leave (AWOL) and his failure to comply with the directives of the OCA and his presiding judge.
RULING
Yes. The Court affirmed the OCA’s recommendation to drop Abbas from the rolls. The legal basis is found in Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended, which mandates that an employee who is continuously absent without approved leave for at least thirty (30) calendar days shall be considered on AWOL and shall be separated from the service or dropped from the rolls. Abbas’s unauthorized absence since March 1, 2005, clearly falls under this rule.
The Court emphasized that such conduct constitutes grave misconduct prejudicial to the best interest of the public service. By abandoning his post without leave and ignoring lawful orders to explain, Abbas violated the fundamental duties of a public servant to serve with responsibility, integrity, loyalty, and efficiency. The Court underscored that all judiciary personnel must uphold the highest standards of public accountability, as any act that diminishes public faith in the justice system cannot be tolerated. Consequently, Basri A. Abbas was dropped from the rolls, and his position was declared vacant.