The Supreme Court affirmed that employees continuously absent without approved leave for at least thirty (30) working days may be dropped from the rolls without prior notice. This ruling underscores the importance of adhering to civil service rules and maintaining public accountability. Janice C. Millare’s failure to report for work after an authorized trip led to her dismissal, highlighting the consequences of neglecting official duties and disrupting public service. The Court’s decision emphasizes that government employees must uphold the highest standards of responsibility, integrity, and efficiency, reinforcing the principle that public service demands unwavering commitment and adherence to established regulations.

When Wanderlust Leads to Workplace Abandonment: Examining the Limits of Extended Leave

This case revolves around Ms. Janice C. Millare, a Clerk III at the Metropolitan Trial Court (MeTC) of Quezon City, whose unauthorized absence led to her being dropped from the rolls. Millare had been granted permission to travel to Saipan from June 5 to July 14, 2017. However, after her authorized leave, she failed to return to work or submit any Daily Time Records (DTRs) for July 2017 onwards. This absence without official leave (AWOL) prompted an inquiry, eventually leading to the Office of the Court Administrator (OCA) recommending her dismissal. The Supreme Court had to decide whether the prolonged, unauthorized absence warranted the employee’s separation from service, balancing the employee’s rights with the need to maintain efficiency and accountability in public service.

The central issue before the Supreme Court was whether Millare’s prolonged absence without official leave justified her being dropped from the rolls. The Court anchored its decision on Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Civil Service Commission Memorandum Circular No. 13, Series of 2007. This provision explicitly states:

Section 63. Effect of absences without approved leave. — An official or employee who is continuously absent without approved leave for at least thirty (30) working days shall be considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. x x x.

The Court found that Millare’s actions fell squarely within the ambit of this rule, as she had been continuously absent since July 17, 2017, without any approved leave. The implications of this ruling are significant, reinforcing the principle that government employees must adhere to established rules regarding attendance and leave. Millare’s unauthorized absence not only violated these rules but also disrupted the normal functions of the court, causing inefficiency in the public service. This is not just about following rules; it’s about the practical impact on the court’s ability to function effectively.

Building on this principle, the Court emphasized the duty of a public servant to serve with responsibility, integrity, loyalty, and efficiency. Her prolonged absence directly contravened this duty. The Court reiterated the high standards of public accountability expected of all court personnel. This expectation is not merely aspirational but is a cornerstone of public trust in the judiciary. The Court has consistently held that those in government service must adhere to these standards, reinforcing the idea that public office is a public trust.

The Supreme Court also considered the potential impact of Millare’s actions on the public’s perception of the judiciary. In previous cases, the Court has emphasized that a court personnel’s conduct is circumscribed with the heavy responsibility of upholding public accountability and maintaining the people’s faith in the judiciary. Millare’s unexplained absence could erode public confidence in the court’s ability to function effectively and efficiently. This consideration underscores the broader implications of employee misconduct in the public sector.

This approach contrasts with situations where employees have valid reasons for their absence, such as illness or family emergencies, and have properly applied for leave. In those cases, the employer has a responsibility to consider the employee’s circumstances and make reasonable accommodations. However, in Millare’s case, there was no evidence of any such mitigating circumstances, and she made no effort to comply with the established procedures for requesting leave. This lack of communication and disregard for established rules weighed heavily against her.

The Court also took into account the findings of the OCA, which confirmed that Millare was still in the plantilla of court personnel, had no pending administrative case, and was not an accountable officer. These findings were relevant in determining the appropriate course of action, ensuring that Millare’s rights were protected while also upholding the integrity of the public service. The fact that she was not an accountable officer meant that her absence did not directly jeopardize public funds or property, but it still had a detrimental impact on the court’s operations.

It is also important to note that the Court clarified that Millare was still qualified to receive any benefits she may be entitled to under existing laws and could still be reemployed in the government. This clarification demonstrates a commitment to fairness and proportionality, ensuring that Millare was not unduly penalized for her misconduct. While her unauthorized absence warranted dismissal, it did not necessarily disqualify her from future government service, provided she demonstrates a commitment to upholding the standards of public accountability.

In conclusion, the Supreme Court’s decision in this case serves as a clear reminder of the importance of adhering to civil service rules and maintaining public accountability. Millare’s dismissal underscores the consequences of unauthorized absences and the need for government employees to uphold the highest standards of responsibility, integrity, and efficiency. The ruling reinforces the principle that public service demands unwavering commitment and adherence to established regulations, ensuring that the judiciary can function effectively and maintain public trust. This case sets a precedent for how similar situations will be handled in the future.

FAQs

What was the key issue in this case?	The key issue was whether Janice Millare’s prolonged absence without official leave justified her being dropped from the rolls of court employees.
What rule did Millare violate?	Millare violated Section 63, Rule XVI of the Omnibus Rules on Leave, as amended, which mandates separation from service for employees absent without approved leave for 30 working days.
Why was Millare’s position declared vacant?	Her position was declared vacant because her prolonged unauthorized absence disrupted court functions and constituted neglect of duty.
Was Millare entitled to any benefits after being dropped from the rolls?	Yes, the Court clarified that Millare remained qualified to receive benefits she was entitled to under existing laws.
Could Millare be reemployed in the government in the future?	Yes, the Court stated that Millare could still be reemployed in the government, contingent on demonstrating a commitment to public accountability.
What was the basis for the OCA’s recommendation?	The OCA based its recommendation on Millare’s failure to submit DTRs, her absence without leave since July 2017, and the resulting disruption to court operations.
What duty did Millare fail to uphold?	Millare failed to uphold her duty as a public servant to serve with the utmost responsibility, integrity, loyalty, and efficiency.
What impact did Millare’s absence have on the public service?	Millare’s absence caused inefficiency in the public service by disrupting the normal functions of the court.
Where was Millare’s last known address for notification purposes?	Her last known address on record was 1312 Taurus Street, Carmel IV Subdivision, Tandang Sora, Quezon City.

The Supreme Court’s decision serves as a critical reminder for all government employees about the importance of adhering to established rules and regulations regarding attendance and leave. Failure to comply with these rules can have serious consequences, including dismissal from service. The ruling underscores the need for public servants to uphold the highest standards of accountability and integrity in the performance of their duties.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: DROPPING FROM THE ROLLS OF MS. JANICE C. MILLARE, A.M. No. 17-11-131-MeTC, February 07, 2018