EN BANC
[A.M. No. 99-11-06-SC. February
15, 2000]
RE: ABSENCE
WITHOUT OFFICIAL LEAVE (AWOL) OF ANTONIO MACALINTAL, Process Server, Office of
the Clerk of Court.
R E S O L UT I O N
PARDO, J.:
What is before the Court for consideration
is a Memorandum dated October 13, 1999 of Atty. Luzviminda D. Puno, Clerk of
Court En Banc, reporting the unauthorized absences of Mr. Antonio B.
Macalintal, Process Server of the Office of the Clerk of Court en banc.
The records reveal that Mr. Macalintal filed
applications for leave which were not signed by his immediate supervisor. He
was, thus, considered absent without official leave (AWOL) on the following
dates:
March 4, 5, 10, 11, 23, and 24;
April 7, 12, 13, 14, 15, 22, 23, 28, and
30;
May 4, 5, 6, 7, 13, 14, 18, 19, 26,
27, and 28;
June 2, 3, 7, 17 to 25; all in 1999.
Also, he incurred absences without
application for leave on the following dates:
January 5, 6, 8, 11, 14, 18, 19, 21,
22, 27, and 29;
February 1 to 12, 16, 17, 18, 19, 22,
and 24;
March 1, 29 and 30;
April 8, 19, 26, and 30;
May 10, 15, 21, and 24;
June 1, 9, 11, 29, and 30;
July 1, 2, 6, 7, 8, 14 to 23, 27 and
29;
August 3, 4, 5, 11 to 26; and
September 1 to 30; all in 1999.
Accordingly, on October 13, 1999, Clerk of
Court En Banc Atty. Luzviminda D. Puno issued a memorandum informing Mr.
Antonio B. Macalintal of the dates of his unauthorized absences and directing
him to explain why he should not be dismissed from the service for habitual
absences without official leave.
In his answer dated October 21, 1999, Mr.
Antonio B. Macalintal admitted having incurred absences. He explained that he
was suffering from illness and financial difficulties. He averred that his
family’s finances went awry because he granted a loan of P150,000.00 to his
wife’s niece. The loan remained unpaid, and he had to borrow money from his
relatives to be able to pay for the matriculation and allowances of his
children as well as for the continuous medication of his wife.
On November 16, 1999 Mr. Macalintal
submitted a supplemental answer, stating that since his employment with the
Supreme Court in 1975, he had not been involved in any offense. He also alleged
that his present financial difficulties worsened when his salaries and other
benefits were withheld by virtue of his unauthorized absences.
Hence, he prayed that the withheld salaries
be given to him and that he be spared from the strict implementation of the
penalty for his absenteeism, promising to be more punctual in reporting for
work in the future.
Under Memorandum Circular No. 4, Series of
1991, of the Civil Service Commission, an officer or employee in the civil
service shall be considered habitually absent if he incurs unauthorized
absences exceeding the allowable 2.5 days monthly leave credits under the leave
law for at least three (3) months in a semester or at least three (3)
consecutive months during the year.
In this case, Mr. Macalintal admitted having
incurred unauthorized absences more than that allowed by law in a given period.
In fact, his absences amounted to 149 days in the year 1999 alone.
By his habitual absenteeism, Mr. Macalintal
has caused inefficiency in the public service. Although we understand his
plight, it does not excuse his total disregard of his official duties. Time and
again, this Court has pronounced that any act which falls short of the exacting
standards for public office, especially on the part of those expected to
preserve the image of the judiciary, shall not be countenanced. Public office
is a public trust. Public officers must at all time be accountable to the
people, serve them with utmost degree of responsibility, integrity, loyalty and
efficiency.[1]
We find Mr. Antonio B. Macalintal guilty of
malfeasance in office for habitual absenteeism. Under Section 50 of Memorandum
Circular No. 41, series of 1998, an official or employee who is absent without
approved leave shall not be entitled to receive his salary corresponding to the
period of his unauthorized leave of absence.
WHEREFORE, the Court hereby finds Mr. Antonio B. Macalintal,
Process Server, Office of the Clerk of Court, guilty of malfeasance in office,
for unauthorized habitual absenteeism, and orders his SUSPENSION for
six (6) months and one (1) day without pay, commencing upon notice of this
resolution.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo,
Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Buena,
Gonzaga-Reyes, Ynares-Santiago, and
De Leon, Jr., JJ., concur.
Puno, J., no part.
[1] Rangel-Roque vs. Rivota, 302 SCRA 502, 520-521 (1999), quoting Gano vs. Leonen, 232 SCRA 98, 101-102 (1994).