AM 2282; (August, 1980) (Digest)
A.M. No. P-2282. August 21, 1980. NELIA GELLA-SAGUN, complainant, vs. MARIA FLOR F. FRAGA, Clerk, CFI of Rizal, Quezon City Branch III, respondent.
FACTS
Nelia Gella-Sagun filed a verified complaint dated August 27, 1979, against Maria Flor F. Fraga, a clerk at the Court of First Instance of Rizal, Quezon City Branch 52. The complainant alleged that the respondent had contracted marriage with her husband, Danilo B. Sagun, on May 28, 1979, thereby imputing acts of immorality to the court employee. This personal grievance formed the basis for initiating the administrative proceeding.
The judicial process, however, could not proceed on the substantive merits of the immorality charge. The Court Administrator reported that the respondent, Maria Flor F. Fraga, could not be required to file an answer to the complaint because her whereabouts had become unknown. Her last daily time record was for the period ending September 14, 1979, and she had not filed any application for leave of absence thereafter. She had effectively abandoned her position as a clerk.
ISSUE
Whether the respondent court employee may be administratively disciplined for abandoning her official duties and being absent without official leave (AWOL).
RULING
Yes, the respondent is summarily dismissed from service. The Supreme Court did not resolve the case based on the original allegation of immorality due to the impossibility of obtaining the respondent’s side. Instead, the legal logic shifted to an independent administrative ground arising from her subsequent conduct. Her unexplained and prolonged absence from work since September 1979, without any approved leave, constituted abandonment of her position. This act of being Absent Without Official Leave (AWOL) is a grave offense under civil service rules.
The Court, adopting the recommendation of the Court Administrator, applied Sections 36 and 40 of the Civil Service Decree (Presidential Decree No. 807). These provisions authorize summary dismissal for employees who are notoriously undesirable, and whose continued service is prejudicial to the public interest. By abandoning her post, Fraga demonstrated a blatant disregard for her duties and the integrity of the judiciary, transforming her into a notoriously undesirable employee. Her AWOL status itself provided sufficient legal cause for separation, irrespective of the unresolved initial complaint. Consequently, the Court ordered her summary dismissal from the service effective immediately.