AM 05 8 514 RTC; (August, 2005) (Digest)
G.R. No.: A.M. No. 05-8-514-RTC. August 31, 2005.
Case Title: Re: ABSENCE WITHOUT OFFICIAL Leave (AWOL) of MR. JAYSON S. TAYROS, Process Server, Regional Trial Court, Branch 31, Dumaguete City.
FACTS
This administrative matter concerns Mr. Jayson S. Tayros, Process Server of the Regional Trial Court (RTC), Branch 31, Dumaguete City. The records of the Office of Administrative Services (OAS) of the Office of the Court Administrator (OCA) showed that Mr. Tayros failed to submit his Daily Time Records (DTRs)/Bundy Cards for the month of July 2004 onward. On 16 November 2004, Atty. Rolando A. Pinero, Clerk of Court V of the same branch, informed the OCA via letter that Mr. Tayros had been on unauthorized leave since July 2004. The Leave Division of the OAS sent a warning letter dated 03 January 2005 to Mr. Tayros, requiring him to explain his unauthorized absences. On 04 January 2005, Atty. Pinero sent another communication stating that Mr. Tayros had been on absence without official leave (AWOL) since 02 July 2004 and requested the designation of a replacement. The OCA, in Agenda Reports, initially recommended withholding his salaries and benefits for non-submission of DTRs and subsequently recommended that his name be dropped from the rolls.
ISSUE
Whether Mr. Jayson S. Tayros should be administratively disciplined for being continuously absent without official leave (AWOL).
RULING
Yes. The Supreme Court approved the OCA’s recommendation and ordered that Mr. Jayson S. Tayros be dropped from the service and his position declared vacant. The Court ruled that his conduct falls under Section 63, Rule XVI of the Omnibus Civil Service Rules and Regulations, as amended, which provides that an employee who is continuously absent without approved leave for at least thirty (30) working days shall be considered on AWOL and shall be separated from the service or dropped from the rolls without prior notice. The proofs of his AWOL were: the OAS-OCA records of his failure to submit DTRs/Bundy Cards, the absence of any leave application, and the official letter from Atty. Pinero dated 16 November 2004. The Court emphasized that such prolonged AWOL constitutes conduct prejudicial to the best interest of public service, as public office is a public trust requiring accountability, responsibility, integrity, loyalty, and efficiency. The penalty of dismissal from service with forfeiture of benefits is warranted.