A.M. No. P-13-3171

Ruling

accordingly DISMISSED from the service with forfeiture of retirement benefits except accrued leave credits, and with prejudice to reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations. [6] All government officials and employees are required to render not less than eight hours of work per day for five days a week, or a total of 40 hours of work per week, exclusive of time for lunch. Generally, these hours are from eight oclock in the morning to five oclock in the afternoon, with lunch break between 12 noon and one oclock in the afternoon. [7] Under CSC Memorandum Circular No. 04, s. 1991, an officer or employee shall be considered habitually tardy if he is late for work, regardless of the number of minutes, ten (10) times a month for at least two (2) months in a semester, or at least two (2) consecutive months during the year. [8] In the case of Sales, he had continuously incurred tardiness during the months of January to September 2011 for more than 10 times each month, except during the month of March when he only came in late 10 times. This is the third time that Sales has been charged of habitual tardiness. The OCA Report [9] shows that he has previously been penalized for habitual tardiness. He was reprimanded in A.M. No. P-08-2499, suspended for 30 days without pay in A.M. No. P-05-2049, and suspended for 3 months without pay in A.M. No. P-11-3022. Despite previous warnings that a repetition of the same offense would be dealt with more severely, Sales failed to mend his ways. Sales DTRs show that he is not only habitually tardy but also habitually absent from office. 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 leave law for at least three (3) months in a semester, or at least (3) consecutive months during the year. Sales absences for the months of January to September 2011 exceeded the allowable 2.5 days monthly leave credit. For every month during this period, he was absent for more than 2.5 days. Although he indicated in his DTRs sick leave applied, vacation leave applied and forced leave applied, he failed to submit proof that his applications for leave had been approved by the proper authorities. Under Memorandum Circular No. 04, s. 1991, of the Civil Service Commission and reiterated by the Court in Administrative Circular No. 14-2002, [10] dated March 18, 2002, the taking and the approval of leave of absence follow a formal process, an application for leave must be duly approved by the authorized officer. [11] Section 52, Rule IV of CSC Memorandum Circular No. 19, s. 1999, classifies frequent unauthorized absences and tardiness in reporting for duty as grave offenses, punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense and dismissal from the service for the second offense. In the