SECOND DIVISION
A.M. No. 18-07-131-RTC, September 03, 2018
RE: DROPPING FROM THE ROLLS OF NOEL C. LINDO, SHERIFF IV, BRANCH 83, REGIONAL TRIAL COURT, QUEZON CITY.
R E S O L U T I O N
A. REYES, JR., J.:
The present administrative matter concerns Noel C. Lindo (Lindo), Sheriff IV, Regional Trial Court (RTC) of Quezon City, Branch 83.
It appears from the records of the Employees' Leave Division (ELD), Office of Administrative Services (OAS), Office of the Court Administrator (OCA) that Lindo failed to submit his Daily Time Records (DTRs) from November 2017 up to the present. Neither did he file any application for leave for his absences. Thus, he has been on absence without official leave (AWOL) since November 2, 2017.1
On August 2, 2017, the OCA issued a Memorandum2 ordering the withholding of Lindo's salaries and benefits for his failure to submit his DTRs from the period of May 2017 to June 2017.
Atty. Pearl Angeli G. Formilleza-Ronquillo (Atty. Formilleza-Ronquillo), in a Letter3 dated November 9, 2017, informed the OCA that Lindo has been remiss in the submission of his DTR and Applications for Leave for several months despite several chances given to him to submit the same. Also, per transmittal letters dated December 13, 20174 and January 9, 2017,5 both signed by Atty. Formilleza-Ronquillo, and subscribed and sworn to before Presiding Judge Ralph S. Lee (Judge Lee), Lindo did not submit his DTR for the months of November 2017 and December 2017.
In a Letter6 dated February 8, 2018, Judge Lee recommended that Lindo be declared AWOL and accordingly, he requested that the position of Deputy Sheriff in his branch be declared vacant.
The OCA, on the basis of the records of its different offices, likewise informed the Court of the following: (a) Lindo has not filed an application for retirement; (b) he is still in the plantilla of personnel, and thus, considered to be in active service; and (c) he is not an accountable officer. Notably, Lindo has a pending case, docketed as OCA IPI No. 13-4112-P per verification made with the Docket and Clearance Division, Legal Office of the OCA.7
Section 107. Grounds and Procedure for Dropping from the Rolls. – Officers and employees who are absent without approved leave, have unsatisfactory performance, or have shown to be physically or mentally unfit to perform their duties may be dropped from the rolls within thirty (30) days from the time a ground therefore arises subject to the following procedures:
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a. Absence Without Approved Leave
1. An official or employee who is continuously absent without official leave (AWOL) for at least thirty (30) working days may be dropped from the rolls without prior notice which shall take effect immediately.
He/she shall, however, have the right to appeal his/her separation within fifteen (15) days from receipt of the notice of separation which must be sent to his/her last known address.
x x x x. (Underscoring Ours)
Section 110. Dropping From the Rolls; Non-disciplinary in Nature. This mode of separation from the service for unauthorized absences or unsatisfactory or poor performance or physical or mental disorder is non-disciplinary in nature and shall not result in the forfeiture of any benefit on the part of the official or employee or in disqualification from reemployment in the government. (Underscoring Ours)
Endnotes:
* Designated as additional Member per Special Order No. 2587 dated August 28, 2018.
1Rollo, p. 1.
2 Signed by OAS OCA Chief of Office Caridad A. Pabello and approved by Court Administrator Jose Midas P. Marquez; id. at 8.
3 Id. at 6.
4 Id. at 3.
5 Id. at 4.
6 Id. at 5.
7 Id. at 9.
8 Signed by Court Administrator Jose Midas P. Marquez, Assistant Court Administrator Lilian C. Baribal-Co and OAS OCA Chief of Office Caridad A. Pabello; id. at 1-2.
9 Id. at 2.
10 Promulgated by the Civil Service Commission through Resolution No. 1701077 dated July 3, 2017.
11Re: Dropping From the Rolls of Rowie A. Ouimno, A.M. No. 17-03-33-MCTC, April 17, 2017.
12 Id.
13 Re: Absence Without Official Leave of Mr. Borcillo, 559 Phil. 1, 4 (2007).
14 Re: Absence Without Official Leave of Mr. Faraon, 492 Phil. 160, 163 (2005).
15Re: AWOL of Mrs. Borja, 549 Phil. 533, 536 (2007).