EN BANC
[A.M. No. 98-8-246-RTC. February 15, 1999]
RE: ABSENCE WITHOUT OFFICIAL LEAVE (AWOL) OF DARLENE A. JACOBA, STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 14, MANILA
R E S O L U T I O N
QUISUMBING, J.:
This administrative matter
concerns Darlene Jacoba, Stenographer III of Branch 14, Regional Trial Court,
Manila. Records at the Administrative Services Division of the Office of the
Court Administrator (OCA) reveal that she began incurring unauthorized absences
on July 1, 1997. Through the presiding
judge of Branch 14, Judge Inocencio D. Maliaman, OCA asked her to explain why
she should not be dealt with administratively, in a letter dated October 9,
1997, which reads:
“Ms. Darlene A. Jacoba
Thru Judge Inocencio D. Maliaman
RTC, Br. 14
Manila
Sir/Madam:
Our records show that you have been continuously absent from office since July 1, 1997 up to the present without any approved application for leave of absence, a conduct prejudicial to the best interest of the service and punishable under the Civil Service Law.
You are, therefore, directed to explain in writing within five (5) days from receipt hereof, why you should not be dealt with administratively. Otherwise, this Office will be constrained to recommend that you be dropped from the roll.
Very truly yours,
(SGD.) MA. CORAZON M. MOLO
Officer-in-Charge
Office of the Administrative Services
OCAD”[1]
At the same time, Jacoba’s
salaries were ordered withheld.[2]
Jacoba did not respond to the
letter of the OCA so a follow-up letter was sent to Judge Maliaman. The OCA
also asked for Judge Maliaman’s recommendation regarding this matter. Specifically, Judge Maliaman was asked
whether or not Jacoba should be dropped from the service for having been absent
without official leave.[3]
Judge Maliaman informed the OCA
that Jacoba had, indeed, been absent starting August 7, 1997. She told Judge Maliaman that she would be
filing a letter of resignation but she had not done so.[4] In a letter dated December 19, 1997, Judge Maliaman
recommended that Jacoba be dropped from the service.[5]
There is no doubt that Jacoba has
been remiss in her duties as court stenographer, to the detriment of the
service. This falls within the purview
of Section 35, Rule XVI of the Omnibus Rules on Civil Service, which provides:
“Officers and employees who are absent for at least thirty (30) days without approved leave are considered on Absence Without Leave (AWOL) and shall be dropped from the service after due notice. x x x”
Under the present Omnibus Rules on
Appointments and Other Personnel Actions, an employee who is absent without
approved leave for at least 30 calendar days shall be separated from the
service or dropped from the rolls even without prior notice.[6]
We have repeatedly held that the
conduct and behavior of everyone connected with an office charged with the
dispensation of justice is circumscribed with the heavy burden of responsibility.[7] This Court cannot countenance any act or omission on
the part of all those involved in the administration of justice which would
violate the norm of public accountability and diminish or even just tend to diminish
the faith of the people in the Judiciary.[8]
WHEREFORE, in view of the foregoing, Darlene A. Jacoba, Court
Stenographer III, Regional Trial Court, Branch 14, Manila is hereby DROPPED
from the service.
SO ORDERED.
Davide, Jr. C.J., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Purisima, Pardo, Buena, and Gonzaga-Reyes, JJ., concur.