A.M. NO. 2004-41-SC

Ruling

WHEREFORE, it is respectfully recommended that Ms. Dorothy D. Salgado having been found guilty of Habitual Absenteeism be meted the minimum penalty of six (6) months suspension without pay. She shall not be entitled to receive her salary during the period of her unauthorized absences, however, such absences shall not be deducted from her accumulated leave credits, if any. It is further recommended that all salaries and benefits accruing to her upon her assumption to office on 25 October 2004 shall be released to her, provided she is entitled thereto under existing guidelines and/or rules. After a thorough review of the records, we agree with the recommendation of the OAS that respondent should indeed be punished for her malfeasance. The crux of the charge against respondent is her habitual absenteeism. Although respondent might have had a valid reason for the absences by presenting uncontroverted medical certificates proving that she suffered an illness, her failure to exert any effort to inform her office is a contemptuous behavior that exacts disciplinary action of the Court. Rule XVI, Section 16 of the Omnibus Rules Implementing Book V of EO 292 provides: Sec. 16. All application for sick leave of absence for one full day or more shall be made on the prescribed form and shall be filed immediately upon the employees return from such leave. Notice of absence, however, should be sent to the immediate supervisor and/or to the agency head. Application for sick leave in excess of five days shall be accompanied by a proper medical certificate. (Italics ours) Respondent did not bother to inform her office of the reason for her long absence, causing the disapproval of her sick leave application. And, with the disapproval of her leave application, she should be considered absent without leave, as follows: 1. August 9, 11-13, 25, 30-31, 2004 - 7 days 2. September 1-30, 2004 - 22 days 3. October 1-22, 2004 - 16 days Total - 45 days Civil Service Memorandum Circular No. 23, Series of 1998, provides: 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 case of claim of ill-health, heads of departments or agencies are encouraged to verify the validity of such claim and, if not satisfied with the reason given, should disapprove the application for sick leave. On the other hand, in cases where an employee absents himself from work before approval of the application, said application should be disapproved. Along the same vein, the Uniform Rules on Administrative Cases in the Civil Service, classified habitual absenteeism as a grave offense with the following corresponding penalties: for the first offense suspension for six (6) months and one (1) day to one (1) year; and for the second offense dismissal. Section 35 of