G.R. No. A.M. No. 2005-26-SC November 22, 2006
RE: (1) LOST CHECKS ISSUED TO THE LATE RODERICK ROY P. MELLIZA, FORMER CLERK II, MCTC, ZARAGGA, ILOILO; and (2) DROPPING FROM THE ROLLS OF MS. ESTHER T. ANDRES

FACTS

This administrative matter concerns the loss and anomalous encashment of five salary checks issued posthumously to the late Roderick Roy P. Melliza, a former Clerk II, and the subsequent Absence Without Official Leave (AWOL) of respondent Esther T. Andres. Following Melliza’s death in July 2004, his salary checks for August to October 2004 were inadvertently prepared and mailed. The Clerk of Court returned these unclaimed checks via registered mail addressed to the Court Administrator. Postal records confirmed receipt of these letters by the Supreme Court’s Records Division, specifically signed for by one Rod Lanche. However, the checks never reached the Checks Releasing Division for cancellation. An investigation revealed four of the five checks had been fraudulently negotiated.
The initial inquiry pointed to lapses within the mail handling process. Authority to open mail for the Court Administrator was delegated to personnel including respondent Andres, a Records Officer III. When directed to appear for a formal investigation regarding the lost checks, Andres failed to appear. Prior to the investigation date, she had tendered her resignation and had since been on AWOL from her position since September 1, 2005.

ISSUE

The primary issue is whether respondent Esther T. Andres should be held administratively liable for the lost checks and for going on AWOL.

RULING

Yes, respondent Esther T. Andres is found administratively liable. The Court ruled that her unexplained absence for a prolonged period constitutes abandonment of office, which is a form of misconduct. AWOL is a clear disregard of an employee’s duty to render the required service, warranting disciplinary action. By going on AWOL, Andres evaded the investigation into the lost checks, which further compounded her liability. The Court emphasized that the act of abandoning one’s post to avoid an inquiry is prejudicial to the best interest of the service.
The legal logic is grounded in the principle that public office is a public trust. Employees of the judiciary are held to the highest standards of integrity and propriety. Abandonment of duty, especially when it frustrates an official investigation, directly contravenes this standard. Consequently, the Court ordered that Esther T. Andres be DROPPED FROM THE ROLLS, effective the date she went on AWOL. This action is without prejudice to the outcome of any separate criminal investigation regarding the encashment of the lost checks. The ruling underscores that evasion of accountability through absence is an intolerable breach of duty for court personnel.