A.M. No. 06-5-286-RTC; August 2, 2007
RE: ABSENCE WITHOUT OFFICIAL LEAVE (AWOL) OF ATTY. MARILYN B. JOYAS, Clerk of Court V, Regional Trial Court of Manila, Branch 16.

FACTS

This administrative case concerns Atty. Marilyn B. Joyas, Clerk of Court V of the RTC of Manila, Branch 16. Records showed she was on unauthorized leave from November 15 to 30, 2004, and failed to submit her Daily Time Record for December 2004. Despite a telegram and a formal letter from the Office of the Court Administrator (OCA) served through her presiding judge, Atty. Joyas did not submit the required documents or leave applications. In her response, she claimed she had applied for retirement effective November 15, 2004, but verification revealed she failed to complete the retirement requirements.

ISSUE

Whether Atty. Marilyn B. Joyas should be held administratively liable for her prolonged absence without official leave (AWOL).

RULING

Yes. The Supreme Court approved the OCA’s recommendation to drop Atty. Joyas from the rolls. The legal basis is Rule XVI, Section 63 of the Omnibus Civil Service Rules and Regulations, as amended, which mandates that an employee continuously absent without approved leave for at least thirty days shall be separated from service or dropped from the rolls. Atty. Joyas’s unauthorized absence since November 15, 2004, clearly falls under this rule.
The Court emphasized that such conduct by a court employee is prejudicial to the best interest of public service. It disrupts court operations, contravenes the duty to serve with responsibility and efficiency, and manifests disrespect for the judiciary and the public. The prejudice is grave as it impedes the dispensation of justice. Furthermore, as a lawyer and officer of the court, her actions violated Canon 12 of the Code of Professional Responsibility, which obligates a lawyer to assist in the speedy and efficient administration of justice. Pursuant to A.M. No. 02-9-02-SC, this administrative matter was also treated as a disciplinary proceeding against her as a member of the Bar. Consequently, Atty. Marilyn B. Joyas was DROPPED from the rolls, her position declared VACANT, and she was ordered to pay a FINE of P5,000 for her unprofessional conduct.