AM 11 9 167 RTC; (November, 2013) (Digest)
A.M. No. 11-9-167-RTC; November 11, 2013
Re: Unauthorized Travel Abroad of Judge Cleto R. Villacorta III, Regional Trial Court, Branch 6, Baguio City
FACTS
Judge Cleto R. Villacorta III was granted authority to travel to Canada from December 20, 2010, to February 3, 2011. He failed to return and report for work on the mandated date, resuming duty only on February 16, 2011. When required to explain, he cited family-related matters, including accompanying his son for a medical check-up and awaiting a re-entry permit. Subsequently, he was granted another travel authority from May 1 to June 2, 2011, to attend his sister’s funeral. However, he again failed to report for work on June 3, returning only on June 7, 2011. His explanation was that no other return flight was available. The Office of the Court Administrator (OCA) considered both extended absences unauthorized.
ISSUE
Whether Judge Villacorta is administratively liable for his failure to secure extensions for his travel abroad, resulting in unauthorized absences.
RULING
Yes, Judge Villacorta is administratively liable. The Supreme Court emphasized that OCA Circular No. 49-2003 requires a request for an extension of travel authority to be filed at least ten working days before the original authority expires. Failure to comply renders any subsequent absence unauthorized. The Court found that Judge Villacorta violated this rule on both occasions. For the first trip, his personal reasons did not excuse his failure to seek a proper extension. For the second trip, his claim of unavailable flights was unavailing, as he was aware of the return date before his departure and could have filed a leave application beforehand. The legal logic rests on the principle that judges, as administrators of justice, must strictly observe rules governing official conduct to ensure the efficient functioning of the courts. Their adherence sets the standard for all court personnel. While the OCA recommended a stern warning, the Court also directed the deduction of salaries corresponding to the unauthorized absences under civil service rules, which mandate that no pay shall be received for periods of unapproved leave. The resolution serves as a reminder that unauthorized absences are inimical to public service and that future infractions will be dealt with more severely.