EN BANC
RE:
HABITUAL ABSENTEEISM A.M. No. 2007-13-SC
OF MR. ERWIN A. ABDON,
Utility Worker II.
Present:
PUNO, C.J.,
QUISUMBING,
YNARES-SANTIAGO,
CARPIO,
AUSTRIA-MARTINEZ,
CORONA,
- v e r s u s - CARPIO MORALES,
AZCUNA,*
TINGA,
CHICO-NAZARIO,
VELASCO, JR.
NACHURA,
REYES,
LEONARDO-DE CASTRO and
BRION, JJ.
Promulgated:
April
14, 2008
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R E S O L U T I O N
CORONA, J.:
This administrative matter refers to
the habitual absenteeism of Erwin A. Abdon, utility worker II detailed at the
Records Division of the Office of Administrative Services (OAS).
The Chief of the Complaints and
Investigation Division of the OAS received a report[1]
that Abdon incurred the following unauthorized absences in the first semester
of 2007: six absences in January, five absences in February and 20 absences in
June.
Abdon was given five days within
which to explain why he should not be held administratively liable for habitual
absenteeism.
Abdon
submitted his explanation[2]
on July 24, 2007. He admitted incurring the unauthorized absences. He attributed
them, however, to severe pain in his hands and feet due to acute gouty
arthritis which prevented him from reporting for work. He submitted a medical certificate
issued by Dr. Ma. Consuelo M. Bernal[3]
of the Court’s Clinic Services to the effect that he was examined for acute
gouty arthritis on January 3 and 9, 2007 and February 7 to 10, 2007. He also
submitted a medical certificate issued by Dr. Nora S. Marcelo-Maclang confirming
that his absences in June 2007 were due to acute gouty arthritis.[4]
Abdon asked for compassion and
understanding with the promise to make up for his infraction in the future by trying
his best to report for work despite his recurring illness.
In
a memorandum[5]
dated November 16, 2007, the OAS, thru Atty. Eden T. Candelaria,[6]
stated that while Abdon’s absences on January 9, 2007 and February 8, 2007 as
well as his 20 absences in June 2007 were due to illness as shown by the
medical certificates of Drs. Bernal and Marcelo-Maclang, these absences as well
as his five other absences in January 2007 and four other absences in February were
all unauthorized. The OAS also noted that Abdon had been previously reprimanded
by the Court for unauthorized absences in A.M. No. 2005-17-SC.[7]
Nonetheless, the OAS considered the reason for Abdon’s absences (that is, his
health problems) as a mitigating circumstance. It recommended that Abdon be
found guilty of habitual absenteeism and suspended for one month with a warning
that the commission of the same or similar infraction in the future would be
dealt with more severely.
We adopt the findings and
recommendation of the OAS.
By reason of the nature and functions
of their office, officials and employees of the judiciary must faithfully
observe the constitutional canon that public office is a public trust.[8]
This duty calls for the observance of prescribed office hours and the efficient
use of official time for public service, if only to recompense the Government,
and ultimately, the people who shoulder the cost of maintaining the judiciary.[9]
Thus, to inspire public respect for the justice system, court officials and
employees should at all times strictly observe official time.[10]
As punctuality is a virtue, absenteeism and tardiness are impermissible.[11]
Administrative
Circular No. 14-2002 (Reiterating the Civil Service Commission’s Policy on
Habitual Absenteeism) provides:
1. 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 credit under the law for at least three (3) months in a semester or at
least three (3) consecutive months during the year[.]
Considering Abdon’s unauthorized
absences in January (six), February (five) and June (20) last year, it is clear
that he was a habitual absentee.
In case of habitual absenteeism,
Administrative Circular No. 14-2002 and The Uniform Rules on Administrative
Cases in the Civil Service impose the penalty of suspension of six months and one
day to one year for the first offense and dismissal for the second
offense. However, in the determination of the penalty to be imposed,
attendant circumstances such as physical fitness, habituality and length of
service in the government may be considered.
Abdon has been with the Court since
1994. His claim that his absences were due to the severe pain from acute gouty
arthritis was corroborated by the medical certificates of Drs. Bernal and
Marcelo-Maclang. He admitted his infractions, asked for forgiveness and
understanding and promised to reform. It also appears that he did not
deliberately absent himself from work as he submitted applications for leave
but they were disapproved because he had insufficient leave credits.
In several cases, the Court has mitigated
the imposable penalty for special reasons.[12] We
have also considered length of service in the judiciary, acknowledgment of
infractions, remorse and other family circumstances, among others, in
determining the proper penalty.[13] We
have also ruled that where a penalty less punitive would suffice, whatever
missteps may have been committed ought not to be meted a consequence so
severe. The law is concerned not only with the employee but with his
family as well. Unemployment brings
untold hardship and sorrow to those dependent on the wage-earner.[14]
In the present case, all relevant circumstances considered, we deem the penalty
of suspension for one month recommended by the OAS as reasonable.
WHEREFORE, Erwin A. Abdon, utility worker II
at the Records Division of the Office of Administrative Services is hereby
found GUILTY of habitual absenteeism and is SUSPENDED FOR ONE MONTH.
He is sternly warned that a repetition of the same or similar breach in the
future shall be dealt with more severely.
SO ORDERED.
Associate Justice
WE CONCUR:
REYNATO S. PUNO
Chief Justice
LEONARDO A.
QUISUMBING
Associate Justice |
CONSUELO
YNARES-SANTIAGO Associate Justice |
|
ANTONIO T. CARPIO Associate Justice |
MA. ALICIA M. AUSTRIA-MARTINEZ Associate Justice
|
CONCHITA CARPIO MORALES
Associate
Justice
|
(On Official Leave) ADOLFO S. AZCUNA
Associate Justice |
|
DANTE O. TINGA Associate Justice |
MINITA V. CHICO-NAZARIO Associate
Justice
|
|
PRESBITERO J. VELASCO, JR. Associate Justice |
ANTONIO EDUARDO B. NACHURA
Associate
Justice |
|
RUBEN T. REYES Associate Justice |
TERESITA J. LEONARDO-DE CASTRO Associate Justice |
ARTURO D. BRION
Associate Justice
* On Official Leave.
[1] Dated July 11, 2007. Prepared by Gloria P. Kasilag, SC Chief Judicial Staff Officer in the Leave Division of the OAS. Rollo, p. 21.
[2] Id., p. 14.
[3] SC Chief Judicial Staff Officer.
[4] In a letter dated October 17, 2007 (id., p. 7), Dr. Marcelo-Maclang confirmed the issuance of the medical certificate to Abdon.
[5] Rollo, pp. 1-4.
[6] Deputy Clerk of Court and Chief of OAS.
[7] Re: Erwin A. Abdon, Utility Worker I, resolution dated July 26, 2005.
[8] Re: Habitual Absenteeism of Mr. Fernando P. Pascual, A.M. No. 2005-16-SC, 22 September 2005, 470 SCRA569.
[9] Id.
[10] Id.
[11] Id.
[12] Re: Imposition of Corresponding Penalties for Habitual Tardiness Committed During the First and Second Semesters of 2003, A.M. No. 00-06-09-SC, 16 March 2004, 425 SCRA 508.
[13] Re: Administrative Case for Dishonesty Against Elizabeth Ting, Court Secretary I, and Angelita C. Esmerio, Clerk III, Office of the Division Clerk of Court, Third Division, A.M. No. 2001-7-SC & No. 2001-8-SC, 22 July 2005.
[14] Almira v. B.F. Goodrich Philippines, Inc., 157 Phil. 110 (1974).