G.R. No. A.M. No. P-08-2439. June 25, 2013.
Judge Ma. Monina S. Misajon, Municipal Trial Court (MTC), San Jose, Antique, Complainant, vs. Jerence P. Hiponia, Clerk II, Elizabeth B. Escanillas, Stenographer I, William M. Yglesias, Process Server, and Conrado A. Rafols, Jr., Utility Aide, all of the same court, Respondents.

FACTS

Complainant Judge Ma. Monina S. Misajon (retired) filed an administrative complaint for dishonesty and habitual absenteeism against respondent William M. Yglesias, Process Server of the Municipal Trial Court (MTC) of San Jose, Antique. The complaint detailed Yglesias’s excessive absences: 6.5 days in January 2007, 10.5 days in February 2007, 3.5 days in March 2007, 10 days in April 2007, and 13 days in May 2007. Judge Misajon recommended disapproval of his sick leave applications for January (consulted a doctor only after illness), April (late filing), and May (lack of medical certificate), and noted his failure to file any leave applications for February and March. In his comment, Yglesias attributed his absences to depression and erratic blood pressure caused by prolonged stress, tension, and alleged persecution by Judge Misajon, claiming she denied his leave applications, gave him unsatisfactory performance ratings, and prevented him from performing his duties. He asserted that his attendance improved after Judge Misajon’s retirement. The Office of the Court Administrator (OCA) and the Investigating Judge found Yglesias guilty of habitual absenteeism, noting his unauthorized absences exceeded the allowable 2.5 days monthly leave credit for five months, in violation of Civil Service Commission rules.

ISSUE

Whether respondent William M. Yglesias is guilty of habitual absenteeism.

RULING

Yes, respondent William M. Yglesias is guilty of habitual absenteeism. The Court found that Yglesias incurred unauthorized absences for 6 days in January, 10 days in February, 10 days in April, and 13 days in May 2007, totaling more than the allowable 2.5 days monthly leave credit over five months, constituting habitual absenteeism under Civil Service rules. His sick leave applications for January (6 successive days) were unauthorized due to lack of a required medical certificate, as mandated by Sections 53 and 54 of the Omnibus Rules on Leave. His absences in February and March were unauthorized for failure to file any leave applications. His April absences were unauthorized due to late filing of sick leave applications, violating the rule that such applications must be filed immediately upon return. His explanations of stress and persecution by Judge Misajon were deemed insufficient to justify the absences. The charge of dishonesty was dismissed for lack of merit. Accordingly, the Court SUSPENDED William M. Yglesias for one year and one month, with a STERN WARNING that repetition of the same or similar offense will be dealt with more severely.