AM 17 11 272 RTC; (January, 2018) (Digest)
A.M. No. 17-11-272-RTC. January 31, 2018. RE: DROPPING FROM THE ROLLS OF LEMUEL H. VENDIOLA, SHERIFF IV, OFFICE OF THE CLERK OF COURT (OCC), REGIONAL TRIAL COURT OF BIÑAN CITY, LAGUNA (RTC).
FACTS
This administrative matter concerns the request to drop Lemuel H. Vendiola, Sheriff IV of the RTC of Biñan City, Laguna, from the rolls due to unauthorized absences. Records from the Office of the Court Administrator (OCA) reveal that Vendiola has not submitted his Daily Time Record (DTR) since May 2012 and has filed no application for leave. His service record shows his appointment as Sheriff IV became permanent in June 2010. However, his salaries and benefits had been withheld since December 2010 due to his non-submission of requirements for his initial salary following that reappointment.
In a letter dated February 21, 2013, Executive Judge Teodoro N. Solis formally requested the OCA to drop Vendiola from the rolls, noting his absences without official leave (AWOL) since April 2012. The OCA confirmed Vendiola remained on the plantilla with no pending retirement application or administrative case, but noted he was accountable for the Sheriff Trust Fund which required auditing. The OCA subsequently recommended dropping him from the rolls effective May 2, 2012.
ISSUE
Whether respondent Lemuel H. Vendiola should be dropped from the rolls for being continuously absent without official leave.
RULING
Yes. The Court adopted the OCA’s recommendation and ordered Vendiola dropped from the rolls. The legal basis is Section 63, Rule XVI of the Omnibus Rules on Leave, as amended, which mandates that an employee continuously absent without approved leave for at least thirty (30) working days shall be considered on AWOL and shall be separated from service or dropped from the rolls without prior notice. Vendiola’s failure to submit his DTR or any leave application since April/May 2012 clearly falls under this provision.
The Court emphasized that such prolonged unauthorized absence constitutes gross neglect of duty and causes inefficiency in public service, directly contravening the standard of responsibility, integrity, loyalty, and efficiency required of every public servant. For court personnel, this duty is heightened as their conduct is essential to maintaining public accountability and faith in the judiciary. Vendiola’s actions demonstrated a gross disregard for these obligations. The dropping from the rolls is without prejudice to any liability arising from the pending audit of his trust fund accounts. However, this separation is without prejudice to his entitlement to any benefits under existing laws and does not preclude future government reemployment.